Figueroa v. Kern County et al

Filing 74

Stipulated amendment to Protective Order; Order, signed by Magistrate Judge Sheila K. Oberto on 1/7/2022. (Rosales, O.)

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James D. Weakley, Esq. Bar No. 082853
Brande L. Gustafson, Esq. Bar No. 267130
WEAKLEY & ARENDT
A Professional Corporation
5200 N. Palm Avenue, Suite 211
Fresno, California 93704
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants, Robert Carbone, Gregg
Bresson, and Ray Lopez

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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11 VICENTE BENAVIDES FIGUEROA,

Case No. 1:19-cv-00558-DAD-BAK (SKO)

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STIPULATED AMENDMENT TO
PROTECTIVE ORDER; ORDER

Plaintiff,

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vs.
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(Doc. 71)

KERN COUNTY; CITY OF DELANO;
15 ROBERT CARBONE; GREGG
16 BRESSON; RAY LOPEZ; ALFONSO
VALDEZ; ESTATE OF JEFFREY
17 NACUA; SARAH GARCIA NACUA;
DR. JAMES DIBDIN; AND DOES 1–10,
18 INCLUSIVE,
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Defendants.

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Plaintiff VICENTE BENAVIDES FIGUEROA and Defendants, KERN COUNTY;

24 CITY OF DELANO; ROBERT CARBONE; GREGG BRESSON; RAY LOPEZ; ALFONSO
25 VALDEZ; ESTATE OF JEFFREY NACUA; SARAH GARCIA NACUA; and DR. JAMES
26 DIBDIN (“the Parties”) hereby enter an amendment to the stipulated protective order (Doc. No.
27 48) issued on April 9, 2021 to facilitate disclosure of confidential discovery materials in this
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STIPULATED AMENDMENT TO PROTECTIVE ORDER; ORDER

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The Parties in good faith believe that the additional identified documents relevant to the

2 above-captioned case qualify for protection under Federal Rule of Civil Procedure 26(c),
including information that is (a) confidential, sensitive, or potentially invasive of an individual’s
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privacy interests; (b) not generally known; and, (c) not normally revealed to the public or third
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parties or, if disclosed to third parties, would require such third parties to maintain the
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information in confidence.
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These confidential documents consist of:
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1. Personnel records of law enforcement and district attorney members of the Kern
County District Attorney’s Office.
The stipulated protective order (Doc. No. 48) issued on April 9, 2021, was issued just
prior to counsel for defendants Robert Carbone, Gregg Bresson, and Ray Lopez substitution into
the case on April 13, 2021 (Doc. Nos. 53-55). On page 1, lines 21-23, the stipulated protective
order (Doc. No. 48) mistakenly included reference to personnel records of Kern County Sheriff’s
Office instead of the Kern County District Attorney’s Office. Since individuals previously

13 employed by the Kern County District Attorney’s Office (defendants Robert Carbone, Gregg
14 Bresson, and Ray Lopez), and not Kern County Sheriff’s Office personnel, are named as
15 defendants, the parties stipulate and request that in light of the sensitive nature of the documents
16 potentially to be disclosed from the personnel records of law enforcement and district attorney
members of the Kern County District Attorney’s Office, that any such disclosure be governed in
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accordance with the provisions set forth in the stipulated protective order (Doc. No. 48) entered
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into by the parties and signed by the court on April 9, 2021.
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20 DATED: January 3, 2022
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MCLANE, BEDNARSKI & LITT
ZAVALA LAW GROUP
LAW OFFICES OF DO KIM, APLC
/ s / Barrett S. Litt
Barrett S. Litt
Lindsay B. Battles
Salomon Zavala
Do Kim
Attorneys for Plaintiff
VICENTE BENAVIDES FIGUEROA

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STIPULATED AMENDMENT TO PROTECTIVE ORDER; ORDER

1 DATED: January 4, 2022
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OFFICE OF THE COUNTY COUNSEL
COUNTY OF KERN
/ s / Marshall Scott Fontes
Marshall Scott Fontes
Kyle L. Holmes
Attorneys for Defendants KERN COUNTY
ROBERT CARBONE, RAY LOPEZ, GREG
BRESSON

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7 DATED: January 3, 2022

ORBACH, HUFF, SUAREZ & HENDERSON

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/ s / Kevin E. Gilbert
Kevin E. Gilbert
Attorneys for Defendants CITY OF DELANO, AL
VALDEZ, ESTATE OF JEFFREY NACUA AND
SARAH GARCIA NACUA

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DATED: January 3, 2022

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/ s / Lara Shapiro
Lara Shapiro
Attorneys for Defendant DR. JAMES DIBDIN

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WEAKLEY & ARENDT
A Professional Corporation

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/ s / Brande L. Gustafson
James D. Weakley
Brande L. Gustafson
Attorneys for Defendants,
ROBERT CARBONE, RAY LOPEZ,
GREGG BRESSON

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ORDER

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IT IS SO ORDERED.

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Dated:

January 7, 2022

/s/ Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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STIPULATED AMENDMENT TO PROTECTIVE ORDER; ORDER