Cavanaugh v. Youngblood et al
Filing
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STIPULATED PROTECTIVE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 7/28/2018. (Hall, S)
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LAW OFFICE OF KEN I. KARAN
Ken I. Karan, Esq., California State Bar No. 204843
2907 Shelter Island Drive, Ste. 105-215
San Diego, CA 92106
(760) 420-5488
Fax (866) 841-5420
E-mail: kkaran.law@gmail.com
Attorney for Plaintiff Patrick J. Cavanaugh
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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PATRICK J. CAVANAUGH,
Plaintiff,
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vs.
DONNY YOUNGBLOOD, et al.,
Defendants.
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Case No.: 1:17-cv-00832-LJO-JLT
STIPULATED PROTECTIVE ORDER
RE KERN BEHAVIORAL HEALTH
AND RECOVERY SERVICE’S
RECORDS, [PROPOSED] ORDER
(Doc. 52)
STIPULATION
The parties, Plaintiff Cavanaugh; Defendants Youngblood, Hull, Jennings, Fuentez
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(County Defendants); and Defendants David Landrum, David Fennell, Christopher Guzman,
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Dillion Morgan (State Defendants) by and through counsel, enter this stipulation for a
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protective order concerning Kern Behavioral Health & Recovery Services’ records of medical
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and/or mental health care given to Plaintiff.
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Stipulation for Protective Order and Proposed Order – Cavanaugh v. Youngblood; Case No.: 1:17-cv-00832-DAD-JLT
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A.
Recitals
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1.
Plaintiff subpoenaed Kern Behavioral Health & Recovery Services’ records of
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medical and/or mental health care given to Plaintiff, and defendants have joined in that
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subpoena.
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2.
On information and belief, the subpoenaed records implicate medical and mental
health records protected by public policy and Plaintiff’s privacy rights.
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On information and belief, Kern Behavioral Health & Recovery Services
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requires specific authorization from Plaintiff Cavanaugh before it will produce the records
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subpoenaed.
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4.
Plaintiff Cavanaugh seeks to condition the authorization to release the
subpoenaed records on a Court-issued protective order.
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B.
Protective Order
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1.
Unless otherwise ordered by the Court or permitted in writing by the
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Defendants’ attorney, the subject records of Kern Behavioral Health and Recovery Services
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and/or their contents may be disclosed only to:
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(a)
Any attorney licensed by the State of California who represents Plaintiff
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Cavanaugh or the County Defendants or the State Defendants in this action, including the
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agents and employees of such attorney whom it is reasonably necessary to disclose the
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information for this litigation and who have signed the “Acknowledgment and Agreement to
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Be Bound” that is attached hereto as Exhibit A.
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(b)
Any expert (defined as a person with specialized knowledge or experience in a
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matter pertinent to the litigation who has been retained by counsel for Plaintiff Cavanaugh, or
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the County Defendants or the State Defendants in this action to serve as an expert witness or
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as a consultant in this action) to whom disclosure is reasonably necessary for this litigation
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and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
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(c)(1) During their depositions, witnesses in the action who are not employed by the
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Kern Behavioral Health and Recovery Services and to whom disclosure is reasonably
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necessary and who have signed the “Acknowledgment and Agreement to Be Bound” that is
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Stipulation for Protective Order and Proposed Order – Cavanaugh v. Youngblood; Case No.: 1:17-cv-00832-DAD-JLT
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attached hereto as Exhibit A, unless otherwise agreed by the parties’ counsel or ordered by
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the court.
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(c)(2) Pages of transcribed deposition testimony or exhibits to depositions that discuss,
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identify or reveal the contents of Kern Behavioral Health and Recovery Services must be
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separately bound by the court reporter and may not be disclosed to anyone except as
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permitted under this Stipulated Protective Order.
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(d)
The Court, its personnel, and court reporters, in the course of any oral hearing,
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with any copy of the Kern Behavioral Health and Recovery Services records, in total or in
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excerpted pages, to be filed under seal.
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2.
Without written permission from the Plaintiff Cavanaugh’s counsel or a court
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order secured after appropriate notice to all interested persons, Defendants may not file any
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portion or all of Kern Behavioral Health and Recovery Services records in the public record
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of this action, whether separately or as part of any motion, opposition, or other brief.
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C.
Marking of Kern Behavioral Health and Recovery Services Records
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1.
Should the Kern Behavioral Health and Recovery Services records, in total or in
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excerpted pages, be produced to any of the persons listed in paragraph B1, the Plaintiff and
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the Defendants shall write in bold or otherwise affix the legend “CONFIDENTIAL:
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SUBJECT TO PROTECTIVE ORDER IN CASE NUMBER 1:17-cv-00832” in a noticeable
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place on each page of the document.
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2.
Should Kern Behavioral Health and Recovery Services records, in total or in
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excerpted pages, or their contents be addressed, discussed or identified in deposition or in a
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court hearing, Plaintiff may identify on the record, before the close of the deposition, hearing,
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or other proceeding, all information subject to this Protective Order.
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D.
Unauthorized Disclosure/Release of Protected Material
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If any Defendant or their counsel learns that, by inadvertence or otherwise, they have
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disclosed and/or released the Kern Behavioral Health and Recovery Services records, in total
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or in excerpted pages, to any person or in any circumstance not authorized under this
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Stipulated Protective Order, then they must immediately:
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Stipulation for Protective Order and Proposed Order – Cavanaugh v. Youngblood; Case No.: 1:17-cv-00832-DAD-JLT
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(1) notify Plaintiff’s counsel in writing and, if possible, by telephone call, of the
unauthorized disclosure and/or release;
(2) use their best efforts to retrieve any and all released copies of the Kern Behavioral
Health and Recovery Services records;
(3) inform the person or persons to whom the Kern Behavioral Health and Recovery
Services records were disclosed and/or released of all the terms of this Protective Order; and
(4) request such person or persons execute the “Acknowledgment and Agreement to Be
Bound” that is attached hereto as Exhibit A.
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E.
Reservation of Rights and Objections
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1.
Right to Further Relief. Nothing in this Order abridges the right of any person to
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seek its modification by the court in the future.
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Right to Assert Other Objections. This Protective Order does not constitute a
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waiver or denial of any Party’s right it otherwise would have to object to disclosing or
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producing any information or item on any ground not addressed in this Stipulated Protective
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Order. Similarly, this Order does not constitute a waiver or denial of any Party’s right to
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object on any ground to use in evidence of any of the material covered by this Protective
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Order.
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F.
Duration
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Even after final disposition of this litigation, the confidentiality obligations imposed by
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this Order shall remain in effect until Defendants’ attorney agrees otherwise in writing or a
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court order otherwise directs. Final disposition shall be deemed to be the later of: (1)
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dismissal of all claims and defenses in this action, with or without prejudice; and (2) final
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judgment herein after the completion and exhaustion of all appeals, rehearings, remands,
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//
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//
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//
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//
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Stipulation for Protective Order and Proposed Order – Cavanaugh v. Youngblood; Case No.: 1:17-cv-00832-DAD-JLT
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trials, or reviews of this action, including the time limits for filing any motions or applications
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for extension of time pursuant to applicable law.
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So Stipulated.
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Dated: July 25, 2018
/s/Ken Karan
Ken I. Karan, Esq.
Attorney for Plaintiff Patrick J. Cavanaugh
Dated: July 25, 2018
/s/Lisa Tillman
Lisa Tillman, Esq.
Attorney for State Defendants
Dated: July 25, 2018
/s/Marshall S. Fontes
Marshall S. Fontes, Esq.
Attorney for County Defendants
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ORDER
The Court has reviewed the foregoing stipulated protective order. Pursuant to Federal
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Rules of Civil Procedure Rule 26(c), and finding good cause hereon, the Court adopts the
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parties’ stipulation as the Court’s order.
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IT IS SO ORDERED.
Dated:
July 28, 2018
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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Stipulation for Protective Order and Proposed Order – Cavanaugh v. Youngblood; Case No.: 1:17-cv-00832-DAD-JLT
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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, ______________________ [print or type full name], of
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____________________________________________ [print or type full address], declare
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under penalty of perjury that I have read in its entirety and understand the Protective Order
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that was issued by the United States District Court for the Eastern District of California on
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_____________ (date) in the case of Patrick J. Cavanaugh v. Donny Youngblood, et al., Case
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No. 1:17-cv-00832-DAD-JLT. I agree to comply with and to be bound by all the terms of this
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Protective Order and I understand and acknowledge that failure to so comply could expose me
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to sanctions and punishment in the nature of contempt. I solemnly promise that I will not
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disclose in any manner any information or item that is subject to this Protective Order to any
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person or entity except in strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court for the
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Eastern District of California for the purpose of enforcing the terms of this Protective Order,
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even if such enforcement proceedings occur after termination of this action.
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I hereby appoint ______________________________________ [print or type full
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name] of ______________________________________ [print or type full address and
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telephone number] as my California agent for service of process in connection with this action
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or any proceedings related to enforcement of this Protective Order.
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Executed this ______ day of _______________________, 201___ in
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_______________________________(City and State where sworn and signed.)
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Printed Name: ______________________________________________
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Signature: _________________________________________________
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Stipulation for Protective Order and Proposed Order – Cavanaugh v. Youngblood; Case No.: 1:17-cv-00832-DAD-JLT
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