Heckathorn v. Holland

Filing 67

STIPULATED PROTECTIVE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 7/3/2018. (Hall, S)

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PETER J. HIRSIG (State Bar No. 197993)
[e-mail]
ADAM C. YOUNG (State Bar No. 287460)
[e-mail]
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
639 Kentucky Street, First Floor
Fairfield, CA 94533
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
S. ZARRIS

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UNITED STATES DISTRICT COURT

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ATTORNEYS AT LAW
639 KENTUCKY STREET, FAIRFIELD, CA 94533 -5530
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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EASTERN DISTRICT OF CALIFORNIA

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JOSHUA HECKATHORN,

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Plaintiff,

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Case No. 1:17-CV-01416-AWI-JLT
STIPULATION AND [PROPOSED]
STIPULATED PROTECTIVE ORDER

vs.
(Doc. 66)

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KIM HOLLAND, Warden, and DOES 1
through 75, inclusive, in their official and
personal/individual capacities,

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Defendants.

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IT IS HEREBY STIPULATED AND AGREED between Plaintiff JOSHUA

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HECKATHORN, by and through his counsel of record, and Defendants, by and through their

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counsel of record, that the Court enter and approve the attached Stipulated Protective Order, which

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shall apply to initial discovery and document production in this matter.
IT IS SO STIPULATED.

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STIPULATION AND [PROPOSED]
STIPULATED PROTECTIVE ORDER

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Dated: July 3, 2018

BARTH DALY LLP

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By:

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/s/ Kresta Nora Daly (as authorized on 7/3/2018)
Kresta Nora Daly
Attorneys for Plaintiff JOSHUA HECKATHORN

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Dated: July 3, 2018
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MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP

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By:

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ATTORNEYS AT LAW
639 KENTUCKY STREET, FAIRFIELD, CA 94533 -5530
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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Dated: July 3, 2018

/s/ Adam C. Young
Peter J. Hirsig
Adam C. Young
Attorneys for Defendant
S. ZARRIS

REILY & JEFFERY, INC.

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By:

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/s/ Janine K. Jeffery (as authorized on 7/3/2018)
Janine K. Jeffery
Attorney for Defendant
R. RUVALCABA

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Dated: July 2, 2018

RAINS LUCIA STERN ST. PHALLE & SILVER, PC

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By:
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/s/ Harry S. Stern (as authorized on 7/3/2018)
Harry S. Stern
Attorney for Defendants
R. RUIZ, J. FOSTER, B. MORSE, and P. PEREZ

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STIPULATION AND [PROPOSED]
STIPULATED PROTECTIVE ORDER

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[PROPOSED] STIPULATED PROTECTIVE ORDER
Pursuant to Federal Rules of Civil Procedure 5.2, 26, et seq. and according to the stipulation
of the parties, it is ORDERED, ADJUDGED AND DECREED as follows:
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Any documents produced by a party in this action which are, in good faith, determined

information, personnel information, mental health treatment records, peace officer medical records,

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official investigative materials, or other similar confidential information of a non-public nature, may

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be designated by the producing party as “Confidential,” and so marked, by stamping or otherwise

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ATTORNEYS AT LAW
639 KENTUCKY STREET, FAIRFIELD, CA 94533 -5530
TELEPHONE: [phone]

by the producing party to contain confidential, proprietary or private information, including financial

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McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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prominently marking each page of the document “Confidential.” In the case of photographs, the

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reverse side of the photograph may be marked as “Confidential.”

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CD-Rom or other electronic media, each page thereof must be marked as “Confidential” to the extent

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it is being designated as such.

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“Confidential” is not sufficient to confer “Confidential” status on all documents contained therein.

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In the case of tangible items other than documents (as that term is defined below), the container may

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be prominently marked as “Confidential.”

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2.

If documents are produced on

Simply marking a CD-Rom or other electronic media as

Where documents obtained from any source are used in discovery or depositions as

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exhibits, either party may designate such documents “Confidential” by so stating on the record, and

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designating the original exhibit as “Confidential” in writing on each page of the exhibit. In like

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fashion, any testimony regarding documents within the scope of this Protective Order also may be

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designated as “Confidential,” and thereby become subject to the terms of this Protective Order.

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Deposition testimony and exhibits designated as “Confidential” shall be separately bound by the

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court reporter, and such material shall prominently state on its front cover that the testimony or

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exhibits contained therein are “Confidential.”

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3.

When used in this Order, the word “documents” means all written, recorded or

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graphic matter whatsoever, however created, and the medium on which it was produced or

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reproduced, including, but not limited to, documents, photographs, and video and/or audio tapes

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produced by any party, whether pursuant to discovery rules, subpoena, or by agreement, and may

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also include deposition transcripts and exhibits, and any portions of any court papers which quote
STIPULATION AND [PROPOSED]
STIPULATED PROTECTIVE ORDER

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from or summarize any of the foregoing. As used in this agreement, the term “documents” also

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refers to any other tangible item produced by any party, whether pursuant to discovery rules,

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subpoena, or by agreement.

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4.

All “Confidential” documents and all information contained therein, shall be used by

the party to whom the documents are disclosed solely as is reasonably necessary for the prosecution

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and/or defense of this action, and shall not be further disseminated, except as specifically set forth

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below.

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5.

Except with prior written consent of the party asserting confidential treatment,

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ATTORNEYS AT LAW
639 KENTUCKY STREET, FAIRFIELD, CA 94533 -5530
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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“Confidential” documents, the information contained therein, and testimony related to such

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documents or information may be disclosed only to counsel who file an appearance for a party to

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this action, to secretaries, paralegals, assistants, and other employees of such counsel who are

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assisting counsel in the prosecution and/or defense of this action, or to employees of the California

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Department of Corrections and Rehabilitation Office of Legal Affairs.

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“Confidential” information shall be responsible for ensuring that his or her partners, associates and

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employees are informed of the terms of this Order and agree to abide by them.

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6.

Counsel receiving

Unless otherwise agreed upon by all parties in writing or otherwise ordered by the

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Court, documents designated as “Confidential” shall not be disclosed to individual parties to this

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action.

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7.

Other than the aforementioned support staff, counsel to whom “Confidential”

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documents or information have been disclosed may only disclose the documents or information to

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outside investigators and experts who assist in the prosecution and/or defense of this action. Counsel

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shall be responsible for ensuring that his or her investigators/experts are informed of the terms of this

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Order and agree to abide by them.

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8.

With the exception of current or former inmates of the California Department of

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Corrections and Rehabilitation, counsel that receives “Confidential” information may disclose that

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information to deposed witnesses at the time of their depositions, but not before. Wherever

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information designated as “Confidential” is disclosed to a witness in the course of any deposition,

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any testimony regarding such material shall be deemed “Confidential” and separately bound by the
STIPULATION AND [PROPOSED]
STIPULATED PROTECTIVE ORDER

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court reporter in accordance with the preceding provisions. In addition, any documents or other

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tangible items previously designated as “Confidential” which are attached as exhibits to any

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deposition transcript shall automatically be entitled to confidential treatment under the terms of this

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agreement, without the need for the designating party to re-assert the confidentiality of such material

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on the record. Any disclosure of “Confidential” information to a deposed witness who is a current

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or former inmate of the California Department of Corrections and Rehabilitation shall be governed

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by a separate stipulation or order prior to such disclosure.

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9.

Any document designated “Confidential” may only be filed with the Court under seal,

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ATTORNEYS AT LAW
639 KENTUCKY STREET, FAIRFIELD, CA 94533 -5530
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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and must be filed subject to the procedures set forth in Civil Local Rule 141. Any counsel who

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receives “Confidential” information shall readily stipulate to an order sealing such information that

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is to be filed, unless the receiving party intends to challenge the confidentiality designation. If a

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party receiving documents designated as “Confidential” intends to challenge that designation, then

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it shall initiate the process for doing so, which is outlined below, within seven (7) days of the

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designating party’s request for a stipulation to file under seal. If the receiving party does not initiate

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the process for challenging a confidentiality designation within seven (7) days of a designating

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party’s request for a stipulation under this paragraph, then the receiving party will be deemed to

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consent to the documents or other materials being filed under seal.

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10.

Within 30 days of the conclusion of this litigation, the receiving party is to return the

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originals and any copies of the documents designated as “Confidential” to producing party, or to

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certify within said time-frame that all of the original documents and copies thereof have been

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destroyed. Notwithstanding this provision, counsel are entitled to retain an archival copy of all

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pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

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correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant

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and expert work product, even if such materials contain “Confidential” material. Any such archival

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copies that contain or constitute “Confidential” material shall remain subject to this Protective Order

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unless agreed upon in writing by all parties to the action, or otherwise ordered by the Court.

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11.

In the event that counsel for a Party receiving information designated as

“Confidential” objects to such designation with respect to any or all of such items, said counsel shall
STIPULATION AND [PROPOSED]
STIPULATED PROTECTIVE ORDER

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which each objection pertains, and the specific reasons and support for such objections (the

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“Designation Objections”). Any such objections shall be made within thirty (30) days of the

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designation of such items as “Confidential,” or the objections are deemed waived. Counsel for the

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designating party shall have thirty (30) days from receipt of the written Designation Objections to

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either (a) agree in writing to de-designate information pursuant to any or all of the Designation

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Objections and/or (b) file a motion with the Court seeking to uphold any or all designations on

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information addressed by the Designation Objections (the “Designation Motion”). Pending a

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ATTORNEYS AT LAW
639 KENTUCKY STREET, FAIRFIELD, CA 94533 -5530
TELEPHONE: [phone]

advise counsel for the designating party, in writing, of such objections, the specific information to

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McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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resolution of the Designation Motion by the Court, any and all existing designations on the

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information at issue in such Motion shall remain in place. The Designating Party shall have the

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burden on any Designation Motion of establishing the applicability of its “Confidential” designation.

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In the event that the Designation Objections are neither timely agreed to nor timely addressed in the

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Designation Motion, then such information shall be de-designated in accordance with the

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Designation Objection applicable to such material.

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12.

Unless otherwise agreed upon in writing or ordered by the Court, a producing party

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may redact Sensitive Personal Information from any documents or other tangible items disclosed in

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the course of litigation, whether through formal discovery or otherwise. As used in this paragraph,

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“Sensitive Personal Information” means social security numbers, taxpayer identification numbers,

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financial account numbers, and, for all sworn peace officers or other agents of the California

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Department of Corrections and Rehabilitation (CDCR), birthdates, home addresses, telephone

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numbers, e-mail addresses, and the names of spouses, children, or other family members.

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13.

Nothing in this Order shall prevent or otherwise restrict any counsel from rendering

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advice to his/her client and, in the course thereof, relying generally on his/her examination of items

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designated as “Confidential.”

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STIPULATION AND [PROPOSED]
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14.

Nothing in this Order shall prevent or otherwise restrict any counsel from asserting

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that documents or other tangible items are privileged or otherwise non-discoverable, notwithstanding

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the fact that they may also be designated as “Confidential.”

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IT IS SO ORDERED.
Dated:

July 3, 2018

/s/ Jennifer L. Thurston

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ATTORNEYS AT LAW
639 KENTUCKY STREET, FAIRFIELD, CA 94533 -5530
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED]
STIPULATED PROTECTIVE ORDER

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