Beavers v. City of Turlock, et al.

Filing 19

Stipulation to permit Plaintiff first look at subpoenaed homeland security records, signed by Magistrate Judge Barbara A. McAuliffe on 11/21/2017. (Rosales, O)

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DALE L. ALLEN, JR., State Bar No. 145279
[e-mail]
KEVIN P. ALLEN, State Bar No. 252290
[e-mail]
ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP
180 Montgomery Street, Suite 1200
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
CITY OF TURLOCK; GREGORY W. ROTON; DUSTIN
M. FERREIRA; GABRIEL GONZALEZ; and PAUL
INDERBITZEN

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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Sanjay S. Schmidt (SBN 247475)
LAW OFFICE OF SANJAY S. SCHMIDT
1388 Sutter Street, Suite 810
San Francisco, CA 94109
T: [phone]
F: [phone]
e-mail: [e-mail]

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Panos Lagos (SBN 61821)
LAW OFFICES OF PANOS LAGOS
5032 Woodminster Lane
Oakland, CA 94602
T: [phone]
F: [phone]
e-mail: [e-mail]

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Attorneys for Plaintiff,
RANDY BEAVERS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RANDY BEAVERS,

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Case No.: 1:16-cv-01878-LJO-BAM
Plaintiff,

v.
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STIPULATION TO PERMIT PLAINTIFF
“FIRST LOOK” AT SUBPOENAED
HOMELAND SECURITY RECORDS

CITY OF TURLOCK, a municipal
corporation, Turlock Police Department
Officers GREGORY W. ROTON,
Individually, DUSTIN M. FERREIRA,
Individually, GABRIEL GONZALEZ,
Individually, PAUL INDERBITZEN,
Individually, and DOES 1 THROUGH 50,
Jointly and Severally,
Defendants.

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205979.1

FIRST-LOOK STIPULATION
1:16-CV-01878-LJO-BAM

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Plaintiff RANDY BEAVERS (“Plaintiff”) and Defendants CITY OF TURLOCK;

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GREGORY W. ROTON; DUSTIN M. FERREIRA; GABRIEL GONZALEZ; and PAUL

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INDERBITZEN (“Defendants”), through their respective undersigned counsel, hereby stipulate

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and agree as follows:

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1.

Plaintiff alleges, inter alia, the following in his Complaint (Dkt. No. 1):
- “As a result of being wrongfully arrested and suffering physical injuries,

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BEAVERS lost time from work. Plaintiff endured further substantial mental and

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emotional distress in worrying whether or not he would be disciplined or

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terminated from his employment.” (Paragraph 20)

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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- “Economic damages, including, but not limited to, out of pocket expenses, loss of

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income, and loss of earning capacity;” (Paragraph 22(a))

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2.

Defendants wish to subpoena certain records from the

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Department of Homeland Security, Plaintiff’s employer (Plaintiff is employed as a law

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enforcement agent for Immigration and Customs Enforcement.) Specifically, Defendants seek:

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(1) wage records; (2) performance evaluations; (3) internal affairs investigation related to

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Plaintiff’s incident-related arrest; and (4) any internal affairs investigations for Plaintiff relating to

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truthfulness, veracity, or bias.

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3.

The Homeland Security subpoena will be issued following execution of this

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stipulation. When Homeland Security responds to the subpoena and the records are received by

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Quest (Defendants’ subpoena vendor), Quest will promptly forward the records to Plaintiff’s

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counsel, with a cover letter. The cover letter will include, inter alia, the number of pages

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contained in the records production. If the records received from Homeland Security do not

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contain consecutive pagination, Quest is authorized to stamp consecutive page numbers on the

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production. Quest will send a copy of the cover letter only to Defendants’ counsel. Quest will also

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notify Defendants’ counsel of the date which it served the records on Plaintiffs’ counsel and the

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method of service (e.g. personal, overnight, U.S. Mail on 12/4/17).

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4.

Within 10 days of Quest serving the subpoenaed records on Plaintiff’s counsel,

Plaintiff’s counsel must produce the subpoenaed records to Defendants’ counsel, via overnight
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205979.1

FIRST-LOOK STIPULATION
1:16-CV-01878-LJO-BAM

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mail or personal service. In the event Plaintiff’s counsel redacts any information from the records

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(or withholds entire page(s)), Plaintiff’s counsel must prepare a privilege log. The privilege log

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must also be produced within 10 days of Quest serving the subpoenaed records on Plaintiff’s

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counsel, and served on Defendants’ counsel via overnight mail or personal service. In other

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words, both the records and any privilege log must be served the same day.

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5.

Any privilege log must contain the following information: (1) subject matter or

general nature of the information; (2) identity and title/position of the document’s author; (3) date

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of the document; (4) the specific privilege asserted; and (5) a brief summary of facts supporting

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the privilege claim.

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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In the event entire page(s) is/are withheld, the log must also specify the page number(s) of
the withheld page(s).
In the event the allegedly privileged material was transmitted, the log must also identify:
the date(s) it was transmitted; and names(s) and address(es) of all recipients.
6.

If Defendants contest any assertion of privilege, they control the means of

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discovery dispute resolution, either: (1) informal briefing and hearing before Judge McAuliffe

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(see Paragraph 6 of Judge McAuliffe’s Standing Order); or (2) formal briefing and hearing under

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Local Rule 251.

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Whichever method of discovery dispute resolution is utilized, each side retains its rights
under Eastern District Local Rule 303(c).
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Upon execution of this stipulation, Defendants will advise Quest in writing of this

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“First Look” Agreement and provide Plaintiff’s counsel a copy of the notification. The

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notification will occur before the Homeland Security subpoena is issued.

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8.

If, notwithstanding the terms of this Agreement, any subpoenaed records are

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provided directly to Defendants or their counsel (either by Quest or Homeland Security),

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Defendants and their counsel agree not to view any such records (or to stop reading as soon as

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Defendants or their counsel realize the records are the Homeland Security ones in question).

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9.

If such a circumstance as described in Paragraph 8 occurs, Defendants and/or their

counsel will immediately provide the records to Plaintiff’s counsel and the process will proceed
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205979.1

FIRST-LOOK STIPULATION
1:16-CV-01878-LJO-BAM

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as specified in Paragraphs 5 and 6.
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Any records produced by Homeland Security in response to the subpoena are

designated by Plaintiff as “Confidential” under the parties’ stipulated protective order (Dkt. 15.)

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IT IS SO STIPULATED.

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Dated: November 20, 2017

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180 Montgomery Street, Suite 1200
San Francisco, California 94104

ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP

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LAW OFFICES OF SANJAY SCHMIDT AND
LAW OFFICES OF PANOS LAGOS
HAZELWOOD & WERTH, LLP
By:

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/s/ Sanjay Schmidt
SANJAY SCHMIDT
Attorneys for Plaintiff
RANDY BEAVERS

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Dated: November 20, 2017

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ALLEN, GLAESSNER,
HAZELWOOD & WERTH, LLP
By:

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/s/ Kevin P. Allen
DALE L. ALLEN, JR.
KEVIN P. ALLEN
Attorneys for Defendants
CITY OF TURLOCK; GREGORY W.
ROTON; DUSTIN M. FERREIRA; GABRIEL
GONZALEZ; and PAUL INDERBITZEN

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ORDER

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The parties’ Stipulation to Permit Plaintiff “First Look” at Subpoenaed Homeland
Security Records is HEREBY APPROVED in its entirety.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

November 21, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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205979.1

FIRST-LOOK STIPULATION
1:16-CV-01878-LJO-BAM