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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1 2 3 4 5 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: (925) 279-3009 Facsimile: (925) 279-3342 Peter@alfertlaw.com Ian@alfertlaw.com 10 TODD BOLEY, SBN 68119 ZOYA YARNYKH, SBN 258062 LAW OFFICES OF TODD BOLEY 2381 Mariner Square Dr., Suite 280 Alameda, California 94501 Telephone: (510) 836-4500 Facsimile: (510) 649-5170 boley@boleylaw.com yarnykh@boleylaw.com 11 Attorneys for Plaintiffs 12 GREGORY L. MYERS, SBN 95743 LAW OFFICES OF GREGORY L. MYERS 1500 W. Shaw Ave., Suite 204 Fresno, CA 93711 Telephone: (559) 222-1005 Facsimile: (559) 222-0702 gmyers@fresno-law.com 6 7 8 9 13 14 15 16 Attorney for Defendants 17 UNITED STATES DISTRICT COURT 18 EASTERN DISTRICT OF CALIFORNIA - FRESNO 19 20 21 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 22 23 VS. 24 25 KINGS COUNTY OFFICE OF EDUCATION; JOYCE BINGHAM; DAMIEN PHILLIPS; AND DOES 1-20, 26 DEFENDANTS. 27 28 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1:17-cv-00106-DAD-MJS 1 IT IS HEREBY STIPULATED by and between Plaintiffs and Defendants by and through 2 their respective counsel of record that in order to facilitate the exchange of information and 3 documents which may be subject to confidentiality limitations on disclosure due to federal laws, 4 state laws, and privacy rights, the Parties stipulate as follows: 5 1. The parties acknowledge that this Order does not confer blanket protections on all 6 disclosures or responses to discovery and that the protection it affords from public disclosure and 7 use extends only to the limited information or items that are entitled to confidential treatment under 8 the applicable legal principle. 9 2. The parties further acknowledge that this Stipulated Protective Order does not entitle 10 them to file confidential information under seal. Eastern District Local Rule 141 sets forth the 11 procedures that must be followed and the standards that will be applied when a party seeks 12 permission from the court to file material under seal. 13 14 3. DEFINITIONS: 3.1 "CONFIDENTIAL" Information or Items: information (regardless of how it is 15 generated, stored or maintained) or tangible things that qualify for protection under Federal 16 Rule of Civil Procedure 26(c). 17 18 19 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 20 medium or manner in which it is generated, stored, or maintained (including, among other 21 things, testimony, transcripts, and tangible things), that are produced or generated in 22 disclosures or responses to discovery in this matter. 23 3.4 Expert: a person with specialized knowledge or experience in a matter pertinent 24 to the litigation who has been retained by a Party or its counsel to serve as an expert witness 25 or as a consultant in this action. 26 27 28 3.5 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 1 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1:17-cv-00106-DAD-MJS 1 2 3 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, 4 consultants, retained experts, representatives of the Self Insured Schools of California and 5 counsel of record (and their support staffs). 6 7 8 9 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; 10 organizing, storing retrieving data in any form or medium; etc.) and their employees or 11 subcontractors. 12 13 14 15 16 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 17 sheriff department reports #15-K023940 and any reports, supplemental reports, e-mails, 18 correspondence, notes, videos and audio tapes of interviews of all witnesses, photographs, 19 evidenced received by the police or sheriff’s department and included in the report, and diagrams 20 relating to the incident. 21 5. The protections conferred by this Stipulation and Order cover not only Protected Material 22 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all 23 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 24 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 25 However, the protections conferred by this Stipulation and Order do not cover the following 26 information: (a) any information that is in the public domain at the time of disclosure to a 27 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a 28 2 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1:17-cv-00106-DAD-MJS 1 result of publication not involving a violation of this Order, including becoming part of the public 2 record through trial or otherwise; and (b) any information known to the Receiving Party prior to the 3 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 4 information lawfully and under no obligation of confidentiality to the Designating Party. Any use 5 of Protected Material at trial shall be governed by a separate agreement or order. 6 6. Even after final disposition of this litigation, the confidentiality obligations imposed by 7 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 8 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 9 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after the 10 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 11 including the time limits for filing any motions or applications for extension of time pursuant to 12 applicable law. 13 7. By designating documents as "CONFIDENTIAL" under the terms of this Order, the 14 Designating Party is certifying to the Court that there is a good faith basis in both law and in fact 15 for the designation within the meaning of Federal Rule of Civil Procedure 26 (g). 16 8. Except as otherwise provided in this Order, or as otherwise stipulated or ordered, 17 Disclosure of Discovery Material that qualifies for protection under this Order must be clearly so 18 designated by affixing the legend "CONFIDENTIAL" to each page that contains protected 19 material. If any confidential materials cannot be labeled with this marking, those materials shall be 20 placed in a sealed envelope or other container that is in turn stamped or affixed 21 "CONFIDENTIAL." 22 9. Disclosure of Discovery Material designated "CONFIDENTIAL" under this Order, the 23 information contained therein, and any summaries, copies, abstracts or other documents derived in 24 whole or in part from material designated as "CONFIDENTIAL" shall be used only for the purpose 25 of this action and for no other purpose. 26 27 28 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 3 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1:17-cv-00106-DAD-MJS 1 for such material. Upon timely correction of a designation, the Receiving Party must make 2 reasonable efforts to assure that the material is treated in accordance with the provisions of this 3 Order. 4 11. A Receiving Party may use Protected Material, the information contained therein, and 5 any summaries, copies, abstracts or other documents derived in whole or in part therefrom, that is 6 disclosed or produced by another Party or by a Non-Party in connection with this case only for 7 prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be 8 disclosed only to the categories of persons and under the conditions described in this Order. When 9 the litigation has been terminated, a Receiving Party must comply with the provisions of paragraph 10 11 19 below. 12. Unless otherwise ordered by the court, a Receiving Party may disclose any information 12 or item designated "CONFIDENTIAL" only to counsel for a party, experts retained for 13 consultation and/or trial, and the author or recipient of a document containing the information who 14 otherwise possessed or knew the information. In the event that Protected Material is given to an 15 expert, counsel that retained the expert shall provide a copy of this Order to the expert and require 16 and receive an executed acknowledgment of the Order by the expert prior to providing the records 17 to any retained expert. 18 13. Pursuant to the requirements of Eastern District Local Rule 140, when filing documents 19 counsel and the court shall omit all, or where reference is necessary, partially redact the following 20 personal data identifiers, from all pleadings, documents, and exhibits where filed electronically or 21 on paper, unless the court orders otherwise, 22 (i) Minors' names: In criminal actions, use the minors' initials; in civil actions use 23 initials when federal or state law require the use of initials, or when specific identity of the 24 minor is not necessary to the action or individual document; 25 26 27 28 (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; 4 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1:17-cv-00106-DAD-MJS 1 (iv) Dates of birth: Use only the year; 2 (v) Home addresses in criminal actions only; use only the city and state; and 3 (vi) All other circumstances: Redact when federal law requires redaction. 4 14. The Parties agree that should they desire to file any Protected Material with the Court 5 that they shall redact the confidential information and/or seek that it be sealed in compliance with 6 the requirements of Eastern District Local Rule 141. 7 15. Nothing in this Order shall in any way limit or prevent Protected Material from being 8 used in any deposition or other proceeding in this action. In the event that any Protected Material 9 is used in any deposition or other proceeding in this action it shall not lose its confidential status 10 through such use. If any Protected Material is used in a deposition then arrangements shall made 11 with the court reporter to separately bind such portions of the transcript containing information 12 designated as "CONFIDENTIAL" and to label such portions appropriately. In the event that 13 Protected Material is shown to any witness during their deposition, counsel disclosing said material 14 shall provide a copy of this Order to the witness and require and receive an executed 15 acknowledgment of the Order by the witness prior to providing the records to the witness. 16 16. Nothing in this Order shall in and of itself require disclosure of information that is 17 protected by the attorney-client privilege, work-product doctrine, or any other privilege, doctrine, 18 or immunity, nor does anything in this Order result in any party giving up its right to argue that 19 otherwise privileged documents must be produced due to waiver or for any other reason. 20 17. The terms of this Order are applicable to information produced by a Non Party in this 21 action and designated as "CONFIDENTIAL." Such information produced by Non-Parties in 22 connection with this litigation is protected by the remedies and relief provided by this Order. 23 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 24 additional protections. 25 18. If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 26 Material to any person or in any circumstance not authorized under this Stipulated Protective 27 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 28 5 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1:17-cv-00106-DAD-MJS 1 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 2 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 3 items of this Order, and (d) request such person or persons to execute an acknowledgment of the 4 Order. 5 19. This Order shall survive to the final termination of this action, including any and all 6 appeals therefrom. After conclusion of said litigation, all documents and materials, in whatever 7 form stored or reproduced, containing protected information will remain confidential. Unless 8 otherwise agreed to or ordered by the Court, within ninety (90) days following the running of any 9 applicable time to appeal any order or ruling entered in this action, attorneys for the Receiving 10 Party shall either (i) return to the Producing Party all copies of all protected materials disclosed by 11 them, or (ii) certify to the Producing Party that all such materials have been destroyed. 12 13 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. 14 15 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 16 17 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 18 19 20 21 22 23 24 25 26 27 28 6 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1:17-cv-00106-DAD-MJS 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 3 4 5 IT IS SO ORDERED. Dated: April 14, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION 1:17-cv-00106-DAD-MJS

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