Newman v. County of Fresno, et al.

Filing 18


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1 James D. Weakley, Esq. Bar No. 082853 Leslie M. Dillahunty, Esq. Bar No. 195262 2 WEAKLEY & ARENDT, LLP 3 1630 East Shaw Avenue., Suite 176 Fresno, California 93710 4 Telephone: (559) 221-5256 Facsimile: (559) 221-5262 5 6 Attorneys for Defendants, COUNTY OF FRESNO, also erroneously separately sued as 7 FRESNO COUNTY SHERIFF’S DEPARTMENT, and FRESNO COUNTY SHERIFF’S OFFICER HERNANDEZ 8 9 10 UNITED STATES DISTRICT COURT 11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12 TRICIA NEWMAN, CASE NO. 1:16-cv-01099-DAD-MJS 13 STIPULATED PROTECTIVE ORDER AUTHORIZING LIMITED DISCLOSURE OF CONFIDENTIAL RECORDS 14 15 16 17 18 19 20 21 ) ) Plaintiff, ) ) vs. ) ) COUNTY OF FRESNO, a public entity; ) FRESNO COUNTY SHERIFF’S DEPARTMENT, a public entity; and FRESNO ) ) COUNTY SHERIFF’S OFFICER HERNANDEZ, individually and in his official ) ) capacity, ) ) Defendants. ) Complaint Filed: July 29, 2016 Trial Date: December 5, 2017 Public Entity Exempt from Filing Fees Pursuant to Government Code section 6103 IT IS STIPULATED by and between the parties that certain County of Fresno Sheriff’s 22 Department documentation and/or training materials pertaining to encountering animals, 23 including dogs, which is provided to its sheriff’s deputies, may be disclosed to the Ryther Law 24 Group, attorneys for the plaintiff, Trish Newman, and the law firm of Weakley & Arendt, LLP, 25 attorneys for the County of Fresno, erroneously separately sued as the Fresno County Sheriff’s 26 Department, and Fresno County Sheriff’s Deputy Michael Hernandez, in the civil case of Trisha 27 Newman v. County of Fresno, et al., United States District Court, Eastern District of California, 28 Case No. 1:16-cv-01099-DAD-MJS. Stipulated Protective Order 1 1 2 It is further ordered that disclosure of the documentation, as well as deposition and trial testimony will be pursuant to the following Protective Order: 3 4 5 6 7 8 PROTECTIVE ORDER 1. Trisha Newman v. County of Fresno, et al., United States District Court, Eastern District of California, Case No. 1:16-cv-01099-DAD-MJS, in the discovery and trial of this case, or any related proceeding, and not for any other purpose or in any other litigation. 2. 9 12 b) paralegal, clerical, and secretarial personnel regularly employed by counsel referred to in subpart (a) directly above, including stenographic deposition reporters retained in connection with this action; 13 14 c) court personnel including stenographic reporters engaged in proceedings as are necessarily incidental to the preparation for the trial of the civil action; 15 16 d) any expert, consultant or investigator, either non-retained or retained, in connection with this action; 17 18 19 20 21 22 e) witnesses other than plaintiff may have the documents disclosed to them in preparation for trial as deemed necessary by counsel, including disclosure in connection with investigation, discovery proceedings, law and motion matters, arbitration, and/or trial only; the witnesses may not leave the deposition, arbitration or trial with copies of the documents, and shall be bound by the provisions of paragraph 3. 25 26 27 28 Any documents attached to a deposition transcript will be attached under seal. 23 24 The documents may only be disclosed to the following persons: a) counsel for the parties and all parties to this action; 10 11 The disclosed documents shall be used solely in connection with the civil case of f) the finder of fact at the time of trial subject to the court’s rulings on in limine motions and objections of counsel. 3. Each person to whom disclosure is made with the exception of counsel, who are presumed to know the contents of this protective order shall, prior to the time of disclosure, be provided by the person furnishing him or her such material, a copy of the Protective Order. Each person to whom disclosure is made shall agree on the record or in writing that he/she has Stipulated Protective Order 2 1 2 3 4 5 read the Protective Order and he/she understands the provisions of that Order. Such person must also consent to be subject to the jurisdiction of the United States District Court, Eastern District of California, with respect to any proceeding related to enforcement of this Order, including without limitation, any proceeding for contempt. they restrict disclosure and use of the material, shall be in effect until further order of this Court. 6 4. Any documents filed with the court subject to this protective order shall be filed seal and 7 under 8 PROTECTIVE ORDER.” 9 10 11 12 13 14 15 16 17 Provisions of this Order, insofar as marked as follows: “CONFIDENTIAL RECORDS SUBJECT Such documents shall be kept by the Court under seal and made available only to the Court or counsel. It is the responsibility of the attorney filing the documents to ensure compliance with the provisions set forth above. 5. 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. 6. At the conclusion of this litigation, all confidential documents received under the provisions of this Order, including copies made, shall be destroyed, or tendered back to the agency or department from which they were obtained. The conclusion of this litigation means a termination of the case following applicable post-trial motions, appeal and/or retrial. DATED: April 3, 2017 RYTHER LAW GROUP, LLP 18 By: 19 20 /s/ Jill Ryther Jill Ryther, attorneys for Plaintiff, Trisha Newman 21 22 TO DATED: April 3, 2017 23 WEAKLEY & ARENDT, LLP By: 24 25 /s/ James D. Weakley Leslie M. Dillahunty attorneys for County of Fresno, erroneously separately sued as the Fresno County Sheriff’s Department, and Sheriff’s Deputy Michael Hernandez 26 27 28 Stipulated Protective Order 3 1 ORDER 2 3 4 Good cause appearing, the above Stipulated Protective Order in Case No. 1:16- 5 cv-01099-DAD-MJS is accepted and its terms adopted as the Order of this Court. 6 7 8 IT IS SO ORDERED. 9 Dated: April 4, 2017 /s/ 10 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulated Protective Order 4

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