Page v. County of Madera et al

Filing 42

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Erica P. Grosjean on 7/18/2018. (Rooney, M)

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James J. Arendt, Esq.
Bar No. 142937
Michelle E. Sassano, Esq. Bar No. 232368

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Weakley & Arendt
A Professional Corporation
1630 East Shaw Ave., Suite 176
Fresno, California 93710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants, County of Madera, Madera County Department of Corrections,
Madera County Department of Health, Officers V. Le Sage and M. Garrett
UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA
ROSEANNA PAGE, Individually and as the ) CASE NO. 1:17-CV-00849-DAD-EPG
Successor in Interest for LAFAYETTE PAGE, )
Deceased,
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) STIPULATED PROTECTIVE ORDER
Plaintiffs,
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vs.
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COUNTY OF MADERA, MADERA
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COUNTY DEPARTMENT OF
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CORRECTIONS, MADERA COUNTY
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DEPARTMENT OF MENTAL HEALTH,
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CORPORAL J. CAMPOS (2998),
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CORRECTIONS OFFICERS V. LE SAGE
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(30407), AND M. GARRETT (30521),
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CALIFORNIA FORENSIC MEDICAL
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GROUP, INC. (CFMG), and DOES 1 to 100, )
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Defendants.
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The parties jointly present this Stipulated Protective Order for the Court’s approval.
1. PURPOSE AND LIMITATIONS

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Disclosure and discovery activity in this action are likely to involve production of

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confidential, proprietary, or private information for which special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation may be warranted.

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Accordingly, the parties in this matter have petitioned the Court to enter the following Protective

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Order. Good cause appearing, the Court ORDERS as follows:

Stipulated Protective Order

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2. DEFINITIONS

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2.1

“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), and for which public disclosure is likely to result in particularized

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harm and violate privacy interests recognized by law. This information may include:

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a.

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For purposes of this stipulated protective order confidential personnel records of

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persons employed by Madera County, includes but is not limited to, documents concerning,

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relating or referring to: background investigations, hiring, appointment, termination, job

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performance and evaluations, awards, commendations, and recognition of all professional

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accomplishments, training, internal affairs investigative files, citizen complaints, charges of

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misconduct, admonitions, resulting discipline or retraining.

personnel file records of any peace officer;

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b.

medical records;

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c.

social security numbers and similar sensitive identifying information

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(unless redacted by order or by agreement of all parties).

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Except by stipulation or order based on good cause, this information may not include

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records and information of foundational facts and investigation of the subject incident(s),

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specifically, the incident(s) involving Lafayette Page on or about May 2015.
2.2

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well as their support staff).
2.3

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Counsel (without qualifier): Outside Counsel of Record and House Counsel (as

Designating Party: a Party or Non-Party that designates information or items that

it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.4

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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 disclosures

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or responses to discovery in this matter.

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Stipulated Protective Order

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2.5

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 or

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as a consultant in this action.

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2.6

House Counsel: attorneys who are employees of a party to this action. House

Counsel does not include Outside Counsel of Record or any other outside counsel.
2.7

Non-Party: any natural person, partnership, corporation, association, or other

legal entity not named as a Party to this action.
2.8

Outside Counsel of Record: attorneys who are not employees of a party to this

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action but are retained to represent or advise a party to this action and have appeared in this

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action on behalf of that party or are affiliated with a law firm which has appeared on behalf of

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that party.

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2.9

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Party: any party to this action, including all of its officers, directors, employees,

consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.10

Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.
2.11

Professional Vendors: persons or entities that provide litigation support services

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(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and

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

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subcontractors.

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2.12

Protected Material: any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL.”
2.13

Receiving Party: a Party that receives Disclosure or Discovery Material from a

Producing Party.
3. SCOPE

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The protections conferred by this Order cover not only Protected Material (as defined

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in paragraph 4.1), but also (1) any information copied or extracted from Protected Material; (2)

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

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Stipulated Protective Order

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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 Order do not cover the following information:

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

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or becomes part of the public domain after its disclosure to the Parties as a result of publication

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not involving a violation of this Order, including becoming part of the public record through

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trial or otherwise; and

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(b) any information known to the Parties prior to the disclosure or obtained by the Parties

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after the disclosure from a source who obtained the information lawfully and under no

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obligation of confidentiality to the Parties. Any use of Protected Material at trial shall be

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governed by a separate agreement or order.
4.

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 the Parties agree otherwise in writing or a court order

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

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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

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to applicable law.
5. BASIS FOR PROTECTIVE ORDER (LOCAL RULE 141.1(c)

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The Parties contend that certain documents that may be requested in discovery are

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eligible for protection under a protective order, including, but not limited to, information from

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peace officer personnel files. Under California law, peace officer personnel files are subject to

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statutory protection by the Peace Officer Bill of Rights (Cal. Gov. Code §3301), the Official

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Information Privilege, as well as other statutes and doctrines.
5.1.

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Defendants shall produce the Protected Material, subject to this Protective Order

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on the following conditions:

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Stipulated Protective Order

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Redaction of Confidential Information. Considering the privacy concerns contained in

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the personnel and Internal Investigation Records, Defendants shall redact the personal

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identifying information (social security numbers, dates of birth, driver’s license number, home

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addresses, telephone numbers, financial and credit histories, medical and psychological

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information) for defendant officers and non-defendant officers. For victims, witnesses,

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complainants, inmates, detainees, and arrestees, the last four digits of the social security

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number, date of birth, driver’s license number, home address, and telephone number will be

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provided without redaction. Defendants shall also redact the identities of domestic violence

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victims electing to remain confidential under California Penal Code section 293.

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5.2

Manner and Timing of Designations. Designation in conformity with this Order

requires:

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(a) For information in documentary form (e.g., paper or electronic documents, but

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excluding transcripts of depositions or other pretrial or trial proceedings), that the Defendants

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affix “ Confidential Material Subject to Protective Order” or “Confidential Material Subject to

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Protective Order – Counsel Only” (hereinafter collectively “Protected Material”) to each page

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of the protected material.

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(b) “Protected Material” shall be defined as documents or information for which the

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designating party would be entitled to have protected from public disclosure by Court order

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under Rule 26(c) of the Federal Rules of Civil Procedure and the relevant case law. Protected

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Material labeled “Confidential – Counsel Only” are documents that also contain sensitive

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personal information, including, for example, personnel records and medical records.

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(c) For testimony given in deposition or in other pretrial or trial proceedings, that the

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Defendants identify on the record, before the close of the deposition, hearing, or other

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proceeding, all protected testimony.

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(d) For information produced in some form other than documentary and for any other

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tangible items, that the Defendants affix the confidential designation in a prominent place on

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the exterior of the container or containers in which the information or item is stored.

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Stipulated Protective Order

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

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designate qualified information or items does not, standing alone, waive the Defendants’ right

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to secure protection under this Order for such material. Upon timely correction of a designation,

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Plaintiff must make reasonable efforts to assure that the material is treated in accordance with

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the provisions of this Order.

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6. DESIGNATING PROTECTED MATERIAL
6.1

Exercise of Restraint and Care in Designating Material for Protection. Each

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Party or Non-Party that designates information or items for protection under this Order must

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take care to limit any such designation to specific material that qualifies under the appropriate

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standards. The Designating Party must designate for protection only those parts of material,

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documents, items, or oral or written communications that qualify – so that other portions of the

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material, documents, items, or communications for which protection is not warranted are not

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swept unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations that are

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shown to be clearly unjustified or that have been made for an improper purpose (e.g., to

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unnecessarily encumber or retard the case development process or to impose unnecessary

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expenses and burdens on other parties) expose the Designating Party to sanctions.

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If it comes to a Designating Party’s attention that information or items that it designated

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for protection do not qualify for protection, that Designating Party must promptly notify all

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other Parties that it is withdrawing the mistaken designation.

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6.2

Manner and Timing of Designations. Except as otherwise provided in this Order

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(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,

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

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so designated before the material is disclosed or produced.

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Designation in conformity with this Order requires:

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(a) for information in documentary form (e.g., paper or electronic documents, but

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excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing

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Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only

Stipulated Protective Order

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a portion or portions of the material on a page qualifies for protection, the Producing Party also

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must clearly identify the protected portion(s) (e.g., by making appropriate markings in the

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margins). A Party or Non-Party that makes original documents or materials available for

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inspection need not designate them for protection until after the inspecting Party has indicated

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which material it would like copied and produced. During the inspection and before the

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designation, all of the material made available for inspection shall be deemed

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“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied

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and produced, the Producing Party must determine which documents, or portions thereof,

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qualify for protection under this Order. Then, before producing the specified documents, the

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Producing Party must affix the “CONFIDENTIAL” legend to each page that contains Protected

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Material. If only a portion or portions of the material on a page qualifies for protection, the

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Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate

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markings in the margins).

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(b) for testimony given in deposition or in other pretrial or trial proceedings, that the

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Designating Party identify on the record, before the close of the deposition, hearing, or other

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proceeding, all protected testimony.

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(c) for information produced in some form other than documentary and for any other

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tangible items, that the Producing Party affix in a prominent place on the exterior of the

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container or containers in which the information or item is stored the legend

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“CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection,

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the Producing Party, to the extent practicable, shall identify the protected portion(s).
6.3

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Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

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designate qualified information or items does not, standing alone, waive the Designating Party’s

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right to secure protection under this Order for such material. Upon timely correction of a

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designation, the Receiving Party must make reasonable efforts to assure that the material is

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treated in accordance with the provisions of this Order.

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Stipulated Protective Order

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7. ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1

Basic Principles. The Parties may use Protected Material that is disclosed or

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produced in connection with this case only for prosecuting, defending, or attempting to settle

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this litigation. Such Protected Material may be disclosed only to the categories of persons and

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under the conditions described in this Order. When the litigation has been terminated, Parties

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must comply with the provisions of section 9 below (FINAL DISPOSITION).

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Protected Material must be stored and maintained by the Parties at a location and in a
secure manner that ensures that access is limited to the persons authorized under this Order.

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7.2

Disclosure of Protected Material Unless the Court Orders otherwise, Protected

Material and the information contained therein may be disclosed only to the following persons:

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(a) Counsel of record and the named parties;

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(b) Paralegal, attorney, stenographic, clerical, and secretarial personnel

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employed by counsel of record;

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(c) The court and its personnel;

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(d) Stenographic reporters and videographers engaged in such proceedings that

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are incidental to preparation for the trial in this action;
(e) Any outside expert or consultant retained by the parties for purposes of this

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litigation;

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(f) Witnesses to whom the documents and the information contained in the

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documents may be disclosed during, or in preparation for, a deposition taken in this matter, or

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otherwise during the preparation for trial and during trial, provided that the witness may not

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leave any deposition with copies of any of the confidential documents, and shall be informed

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of and shall agree to be bound by the terms of this order;

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(g) Any person expressly named and agreed to in writing by the parties.

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(h) Notwithstanding the foregoing, protected health information may be

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disclosed to the person about whose health the information refers.

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Stipulated Protective Order

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(i) during their depositions, witnesses in the action to whom disclosure is

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reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”

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(Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of

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transcribed deposition testimony or exhibits to depositions that reveal Protected Material must

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be 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 or as agreed by the Designating Party.

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7.3

Nothing in this protective order is intended to prevent officials or employees of

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the County of Madera, or other authorized government officials, from having access to

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confidential documents to which they would have access in the normal course of their official

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duties.

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7.4

Confidential information produced pursuant to this Protective Order may not be

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delivered, exhibited, emailed, texted or otherwise disclosed to any reporter, writer or employee

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of any trade publication, newspaper, magazine or other media organization, including but not

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limited to radio, television, social and electronic media sites such as Twitter, Instagram,

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Facebook and Linkedin.
7.5

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No information shall lose its confidential status because it was inadvertently or

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unintentionally disclosed to a person not authorized to receive it under this Protective Order. In

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addition, any information that is designated confidential and produced by the Defendants does

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not lose its confidential status due to any inadvertent or unintentional disclosure.
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

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OTHER LITIGATION

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If a Party is served with a subpoena or a court order issued in any other litigation that

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compels disclosure of any information or items designated in this action as Protected Material

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that Party must:
(a) Promptly notify in writing the Defendants. Such notification shall include a copy of

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the subpoena or court order;

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Stipulated Protective Order

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(b) Promptly notify in writing the party who caused the subpoena or order to issue in the

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other litigation that some or all of the material covered by the subpoena or order is subject to

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this Protective Order. Such notification shall include a copy of this Protective Order; and

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(c) Cooperate with respect to all reasonable procedures sought to be pursued by the
Defendants who’s Protected Material may be affected.

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If the Defendants timely seek a protective order, the Parties shall not produce any

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information designated in this action as Protected Material before a determination by the court

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from which the subpoena or order issued, unless the Parties have obtained the Defendants’

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permission. The Defendants shall bear the burden and expense of seeking protection in that

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court of its confidential material – and nothing in these provisions should be construed as

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authorizing or encouraging a Party in this action to disobey a lawful directive from another

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court.

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9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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(a) With the exception of disclosure pursuant to paragraphs 5.2(a), (b), (c), and (h)

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above, each person to whom the parties’ counsel discloses confidential information or Protected

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Material shall, prior to the time of disclosure, be provided with a copy of this Protective Order

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and shall sign the “Acknowledgment and Agreement to Be Bound” that is attached hereto as

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Exhibit A.

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(b) Plaintiffs’ and Defendants’ counsel, including paralegal, stenographic, clerical, and

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secretarial personnel employed by counsel of record shall not make copies of the confidential

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documents, or provide originals to anybody, except as necessary for purposes of this litigation,

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including appeals. Plaintiffs’ and Defendants’ counsel are responsible to ensure that these

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individuals comply with this protective order.

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(c) If a 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 Protective Order, the

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Party must immediately (a) notify the Defendants in writing of the unauthorized disclosure(s),

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

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the person or persons to whom unauthorized disclosure(s) were made of all the terms of this

Stipulated Protective Order

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Protective Order and provide them with a copy, (d) request that person or persons execute the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.

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10. MISCELLANEOUS

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10.1

Right to Assert Other Objections. With the entry of this Protective Order no

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Party waives any right it otherwise would have to object to disclosing or producing any

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information or item on any ground not addressed in this Protective Order. Similarly, no Party

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waives any right to object on any ground to use in evidence of any of the material covered by

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this Protective Order.

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10.2

Filing Protected Material. All Protected Material that is filed with the Court shall

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be filed with a request to seal documents in accordance with Eastern District of California Local

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Rule 141. Upon failure of the filing party to file confidential documents under seal in

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accordance with Local Rule 141, any party may request that the Court place the document under

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seal.

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11. FINAL DISPOSITION

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Within 60 days after the final disposition of this action, as defined in Section 3, Plaintiffs

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must return all Protected Material to Defendants or destroy such material. As used in this

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subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries,

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and any other format reproducing or capturing any of the Protected Material. Whether the

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Protected Material is returned or destroyed, Plaintiffs must submit a written certification to the

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Defendants by the 60 day deadline that (1) identifies (by category, where appropriate) all the

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Protected Material that was returned or destroyed and (2) affirms that Plaintiffs have not

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retained any copies, abstracts, compilations, summaries or any other format reproducing or

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capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled

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to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

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transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports,

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attorney work product, and consultant and expert work product,

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Stipulated Protective Order

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even if such materials contain Protected Material. Any such archival copies that contain or

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constitute Protected Material remain subject to this Protective Order as set forth in Section 3

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(DURATION).

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Dated: July 17, 2018

THE LAW OFFICES OF JOHN BURTON
HADDAD & SHERWIN LLP

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/s/ John Burton
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JOHN BURTON
Attorneys for Plaintiff
ROSEANNA PAGE

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Dated: July 17, 2018

WEAKLEY & ARENDT, PC

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/s/ James Arendt

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JAMES ARENDT
MICHELLE SASSANO
Attorneys for Defendants
COUNTY OF MADERA, MADERA COUNTY
DEPARTMENT OF CORRECTIONS, MADERA
COUNTY DEPARTMENT OF MENTAL HEALTH,
OFFICER VERNON LESAGE, OFFICER MASON
GARRETT

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Dated: July 17, 2018

GOYETTE & ASSOCIATES, INC., APC

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/s/ Gary G. Goyette

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GARY G. GOYETTE
HEATHER PHILLIPS
Attorney for Defendant
CORPORAL JORGE CAMPOS

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Dated: July 17, 2018

BERTLING & CLAUSEN LLC

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/s/ Jemma Saunders

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JEMMA SAUNDERS
Attorney for Defendant
CALIFORNIA FORENSIC MEDICAL GROUP, INC.

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Stipulated Protective Order

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ORDER
Pursuant to the above stipulation, and good cause appearing, the stipulated protective order
is hereby adopted.

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IT IS SO ORDERED.
Dated:

July 18, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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Stipulated Protective Order

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EXHIBIT “A”

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Stipulated Protective Order

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James J. Arendt, Esq.
Bar No. 142937
Michelle E. Sassano, Esq. Bar No. 232368

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Weakley & Arendt
A Professional Corporation
1630 East Shaw Ave., Suite 176
Fresno, California 93710
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants, County of Madera, Madera County Department of Corrections,
Madera County Department of Health, Officers V. Le Sage and M. Garrett
UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROSEANNA PAGE, Individually and as the )
Successor in Interest for LAFAYETTE PAGE, )
Deceased,
)
)
Plaintiffs,
)
)
vs.
)
COUNTY OF MADERA, MADERA
)
COUNTY DEPARTMENT OF
)
CORRECTIONS, MADERA COUNTY
)
DEPARTMENT OF MENTAL HEALTH,
)
CORPORAL J. CAMPOS (2998),
)
CORRECTIONS OFFICERS V. LE SAGE
)
(30407), AND M. GARRETT (30521),
)
CALIFORNIA FORENSIC MEDICAL
)
GROUP, INC. (CFMG), and DOES 1 to 100, )
)
Defendants.
)

CASE NO. 1:17-CV-00849-DAD-EPG

ACKNOWLEDGMENT AND
AGREEMENT TO BE BOUND
REGARDING STIPULATED
PROTECTIVE ORDER
[Court Doc 41]

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I have read and understand the Stipulated Protective Order filed July 17, 2018, and agree
to abide by the terms set forth therein.
DATED:

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Signature

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Print Name

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Stipulated Protective Order

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