Warchol et al v. Kings County Office of Education et al

Filing 15

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION, signed by Magistrate Judge Michael J. Seng on 4/14/2017. (Lafata, M)

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PETER W. ALFERT, SBN 83139
IAN HANSEN, SBN 255449
LAW OFFICES OF PETER ALFERT, APC
200 Pringle Ave., Suite 450
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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TODD BOLEY, SBN 68119
ZOYA YARNYKH, SBN 258062
LAW OFFICES OF TODD BOLEY
2381 Mariner Square Dr., Suite 280
Alameda, California 94501
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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GREGORY L. MYERS, SBN 95743
LAW OFFICES OF GREGORY L. MYERS
1500 W. Shaw Ave., Suite 204
Fresno, CA 93711
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorney for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - FRESNO

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STEPHANIE WARCHOL AND J.M., A
MINOR, BY AND THROUGH HIS
GUARDIAN AD LITEM STEPHANIE
WARCHOL,

Case No.: 1:17-cv-00106-DAD-MJS

STIPULATED PROTECTIVE ORDER FOR
PLAINTIFFS, STANDARD LITIGATION

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VS.
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KINGS COUNTY OFFICE OF EDUCATION;
JOYCE BINGHAM; DAMIEN PHILLIPS;
AND DOES 1-20,

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DEFENDANTS.
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STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
1:17-cv-00106-DAD-MJS

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IT IS HEREBY STIPULATED by and between Plaintiffs and Defendants by and through

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their respective counsel of record that in order to facilitate the exchange of information and

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documents which may be subject to confidentiality limitations on disclosure due to federal laws,

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state laws, and privacy rights, the Parties stipulate as follows:

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1. The parties acknowledge that this Order does not confer blanket protections on all

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disclosures or responses to discovery and that the protection it affords from public disclosure and

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use extends only to the limited information or items that are entitled to confidential treatment under

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the applicable legal principle.

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2. The parties further acknowledge that this Stipulated Protective Order does not entitle

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them to file confidential information under seal. Eastern District Local Rule 141 sets forth the

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procedures that must be followed and the standards that will be applied when a party seeks

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permission from the court to file material under seal.

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3. DEFINITIONS:
3.1 "CONFIDENTIAL" Information or Items: information (regardless of how it is

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generated, stored or maintained) or tangible things that qualify for protection under Federal

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Rule of Civil Procedure 26(c).

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3.2 Designating Party: a Party or Non-Party that designates information or items
that it produces in disclosures or in responses to discovery as "CONFIDENTIAL."
3.3 Disclosure or Discovery Material: all items or information, regardless of the

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medium or manner in which it is generated, stored, or maintained (including, among other

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things, testimony, transcripts, and tangible things), that are produced or generated in

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disclosures or responses to discovery in this matter.

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3.4 Expert: a person with specialized knowledge or experience in a matter pertinent

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to the litigation who has been retained by a Party or its counsel to serve as an expert witness

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or as a consultant in this action.

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3.5 Non-Party: any natural person, partnership, corporation, association, or other
legal entity not named as a Party to this action.
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STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
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3.6 Outside Counsel: attorneys who are not employees of a Party, but who are
retained to represent or advise a Party in this action.
3.7 Party: any party to this action, including all of its officers, directors, employees,

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consultants, retained experts, representatives of the Self Insured Schools of California and

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counsel of record (and their support staffs).

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3.8 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
Material in this action.
3.9 Professional Vendors: persons or entities that provide litigation support services
(e.g photocopying; videotaping; translating; preparing exhibits or demonstrations;

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organizing, storing retrieving data in any form or medium; etc.) and their employees or

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subcontractors.

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3.91 Protected Material: any Disclosure or Discovery Material that is
designated as "CONFIDENTIAL."
3.92 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.
4. The information and materials subject to this protective order are any and all police or

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sheriff department reports #15-K023940 and any reports, supplemental reports, e-mails,

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correspondence, notes, videos and audio tapes of interviews of all witnesses, photographs,

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evidenced received by the police or sheriff’s department and included in the report, and diagrams

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relating to the incident.

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5. The protections conferred by this Stipulation and Order cover not only Protected Material

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(as defined above), but also (1) any information copied or extracted from Protected Material; (2) all

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copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

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conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

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However, the protections conferred by this Stipulation and Order do not cover the following

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information: (a) any information that is in the public domain at the time of disclosure to a

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Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a

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result of publication not involving a violation of this Order, including becoming part of the public

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record through trial or otherwise; and (b) any information known to the Receiving Party prior to the

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disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the

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information lawfully and under no obligation of confidentiality to the Designating Party. Any use

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of Protected Material at trial shall be governed by a separate agreement or order.

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6. Even after final disposition of this litigation, the confidentiality obligations imposed by

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this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court

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order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all

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claims and defenses in this action, with or without prejudice; and (2) final judgment herein after the

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completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

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including the time limits for filing any motions or applications for extension of time pursuant to

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applicable law.

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7. By designating documents as "CONFIDENTIAL" under the terms of this Order, the

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Designating Party is certifying to the Court that there is a good faith basis in both law and in fact

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for the designation within the meaning of Federal Rule of Civil Procedure 26 (g).

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8. Except as otherwise provided in this Order, or as otherwise stipulated or ordered,

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Disclosure of Discovery Material that qualifies for protection under this Order must be clearly so

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designated by affixing the legend "CONFIDENTIAL" to each page that contains protected

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material. If any confidential materials cannot be labeled with this marking, those materials shall be

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placed in a sealed envelope or other container that is in turn stamped or affixed

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"CONFIDENTIAL."

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9. Disclosure of Discovery Material designated "CONFIDENTIAL" under this Order, the

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information contained therein, and any summaries, copies, abstracts or other documents derived in

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whole or in part from material designated as "CONFIDENTIAL" shall be used only for the purpose

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of this action and for no other purpose.

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10. If timely corrected, an inadvertent failure to designate qualified information or items
does not, standing alone, waive the Designating Party's right to secure protection under this Order
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for such material. Upon timely correction of a designation, the Receiving Party must make

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reasonable efforts to assure that the material is treated in accordance with the provisions of this

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Order.

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11. A Receiving Party may use Protected Material, the information contained therein, and

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any summaries, copies, abstracts or other documents derived in whole or in part therefrom, that is

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disclosed or produced by another Party or by a Non-Party in connection with this case only for

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prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be

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disclosed only to the categories of persons and under the conditions described in this Order. When

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the litigation has been terminated, a Receiving Party must comply with the provisions of paragraph

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12. Unless otherwise ordered by the court, a Receiving Party may disclose any information

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or item designated "CONFIDENTIAL" only to counsel for a party, experts retained for

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consultation and/or trial, and the author or recipient of a document containing the information who

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otherwise possessed or knew the information. In the event that Protected Material is given to an

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expert, counsel that retained the expert shall provide a copy of this Order to the expert and require

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and receive an executed acknowledgment of the Order by the expert prior to providing the records

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to any retained expert.

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13. Pursuant to the requirements of Eastern District Local Rule 140, when filing documents

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counsel and the court shall omit all, or where reference is necessary, partially redact the following

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personal data identifiers, from all pleadings, documents, and exhibits where filed electronically or

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on paper, unless the court orders otherwise,

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(i) Minors' names: In criminal actions, use the minors' initials; in civil actions use

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initials when federal or state law require the use of initials, or when specific identity of the

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minor is not necessary to the action or individual document;

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(ii) Financial account numbers: Identify the name or type of account and financial
institution where maintained, but use only the last four numbers of the account number;
(iii) Social Security numbers: Use only the last four numbers;
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STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
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(iv) Dates of birth: Use only the year;

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(v) Home addresses in criminal actions only; use only the city and state; and

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(vi) All other circumstances: Redact when federal law requires redaction.

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14. The Parties agree that should they desire to file any Protected Material with the Court

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that they shall redact the confidential information and/or seek that it be sealed in compliance with

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the requirements of Eastern District Local Rule 141.

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15. Nothing in this Order shall in any way limit or prevent Protected Material from being

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used in any deposition or other proceeding in this action. In the event that any Protected Material

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is used in any deposition or other proceeding in this action it shall not lose its confidential status

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through such use. If any Protected Material is used in a deposition then arrangements shall made

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with the court reporter to separately bind such portions of the transcript containing information

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designated as "CONFIDENTIAL" and to label such portions appropriately. In the event that

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Protected Material is shown to any witness during their deposition, counsel disclosing said material

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shall provide a copy of this Order to the witness and require and receive an executed

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acknowledgment of the Order by the witness prior to providing the records to the witness.

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16. Nothing in this Order shall in and of itself require disclosure of information that is

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protected by the attorney-client privilege, work-product doctrine, or any other privilege, doctrine,

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or immunity, nor does anything in this Order result in any party giving up its right to argue that

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otherwise privileged documents must be produced due to waiver or for any other reason.

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17. The terms of this Order are applicable to information produced by a Non Party in this

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action and designated as "CONFIDENTIAL." Such information produced by Non-Parties in

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connection with this litigation is protected by the remedies and relief provided by this Order.

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Nothing in these provisions should be construed as prohibiting a Non-Party from seeking

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additional protections.

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18. If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

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Material to any person or in any circumstance not authorized under this Stipulated Protective

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Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the

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unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected

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Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the

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items of this Order, and (d) request such person or persons to execute an acknowledgment of the

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Order.

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19. This Order shall survive to the final termination of this action, including any and all

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appeals therefrom. After conclusion of said litigation, all documents and materials, in whatever

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form stored or reproduced, containing protected information will remain confidential. Unless

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otherwise agreed to or ordered by the Court, within ninety (90) days following the running of any

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applicable time to appeal any order or ruling entered in this action, attorneys for the Receiving

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Party shall either (i) return to the Producing Party all copies of all protected materials disclosed by

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them, or (ii) certify to the Producing Party that all such materials have been destroyed.

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20. This Order may be changed only by order of the Court, and is without prejudice to the
rights of a party to seek relief from or variation of any of it Provisions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: April 13, 2017

s/ Todd Boley
TODD BOLEY
Attorney for Plaintiffs

DATED: April 13, 2017

s/ Peter Alfert
PETER ALFERT
Attorney for Plaintiffs

DATED: April 13, 2017

s/ Gregory Myers
GREGORY MYERS
Attorney for Defendants

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STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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IT IS SO ORDERED.
Dated:

April 14, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
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