Hedrick et al v. Grant

Filing 188

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 2/7/17. (Dillon, M)

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1 CARTER C. WHITE – 164149 KING HALL CIVIL RIGHTS CLINIC 2 U.C. Davis School of Law One Shields Avenue, Bldg. TB-30 3 Davis, California 95616-8821 Telephone: (530) 752-5440 4 Facsimile: (530) 752-5788 Email: ccwhite@ucdavis.edu 5 MICHAEL W. BIEN – 096891 6 GAY CROSTHWAIT GRUNFELD – 121944 JENNIFER L. STARK – 267062 7 BENJAMIN BIEN-KAHN – 267933 PABLO A. LASTRA – 287718 8 ANDREW G. SPORE – 308756 ROSEN BIEN 9 GALVAN & GRUNFELD LLP 50 Fremont Street, 19th Floor 10 San Francisco, California 94105-2235 Telephone: (415) 433-6830 11 Facsimile: (415) 433-7104 Email: mbien@rbgg.com ggrunfeld@rbgg.com 12 jstark@rbgg.com 13 Attorneys for Plaintiffs 14 CARL L. FESSENDEN – 161494 JOHN R. WHITEFLEET – 213301 ASHLEY M. WISNIEWSKI – 264601 RYAN P. O’CONNOR – 304815 PORTER SCOTT A PROFESSIONAL CORPORATION 350 University Avenue, Suite 200 Sacramento, California 95825 Telephone: (916) 929-1481 Facsimile: (916) 927-3706 Attorneys for Defendants JAMES GRANT, FRED J. ASBY, JAMES PHARRIS, ROY LANDERMAN, DOUG WALTZ, HAROLD J. “SAM” SPERBEK, and JAMES MARTIN 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 SACRAMENTO DIVISION 18 DERRIL HEDRICK, DALE ROBINSON, KATHY LINDSEY, MARTIN C. CANADA, 19 DARRY TYRONE PARKER, individually and on behalf of all others similarly situated, 20 Plaintiffs, 21 v. 22 JAMES GRANT, as Sheriff of Yuba County; 23 Lieutenant FRED J. ASBY, as Yuba County Jailer; JAMES PHARRIS, ROY 24 LANDERMAN, DOUG WALTZ, HAROLD J. “SAM” SPERBEK, JAMES MARTIN, as 25 members of the YUBA COUNTY BOARD OF SUPERVISORS, 26 Defendants. 27 Case No. 2:76-CV-00162-GEB-EFB STIPULATED [PROPOSED] PROTECTIVE ORDER Judge: Edmund F. Brennan Trial Date: None Set 28 3095995-5 2:76-CV-00162-GEB-EFB STIPULATED [PROPOSED] PROTECTIVE ORDER 1 WHEREAS, in or about May 2, 1979 the Court issued its Order approving a 2 Consent Decree in the above-captioned case, Hedrick, et al. v. Grant, et al., No. 76-00162 3 (E.D. Cal. filed Mar. 24, 1976) (the “ACTION”): 4 WHEREAS by Order dated June 20, 2013, Senior United States District Court 5 Judge Garland Burrell, Jr. issued an order appointing Carter Capps White counsel for the 6 class, and on September 12, 2014 the law firm of Rosen, Bien, Galvan and Grunfeld 7 associated in as counsel for the Plaintiff class; 8 WHEREAS on October 25, 2016 counsel from the law firm of Porter Scott 9 appeared in the ACTION on behalf of all defendants; 10 WHEREAS the Consent Decree states that “records and documents which relate to 11 compliance with [the] Consent Decree or are otherwise required by law to be kept shall be 12 available immediately upon request by plaintiffs’ attorneys.”; 13 WHEREAS Plaintiffs DERRIL HEDRICK, DALE ROBINSON, KATHY 14 LINDSEY, MARTIN C. CANADA, DARRY TYRONE PARKER, on behalf of 15 themselves and all others similarly situated (“PLAINTIFFS”), and Defendants JAMES 16 GRANT, as Sheriff of Yuba County, Lieutenant FRED J. ASBY, as Yuba County Jailer, 17 JAMES PHARRIS, ROY LANDERMAN, DOUG WALTZ, HAROLD J. “SAM” 18 SPERBEK, JAMES MARTIN, as members of the YUBA COUNTY BOARD OF 19 SUPERVISORS (“DEFENDANTS”) (collectively, the “PARTIES”), agree that certain 20 documents to be produced pursuant to the Consent Decree or otherwise in this ACTION 21 are likely to involve production of private, confidential, or security-sensitive information 22 for which protection from public disclosure and from use for any purpose other than this 23 litigation may be warranted; and 24 WHEREAS, the PARTIES seek to facilitate the exchange of information and 25 documents which may be subject to confidentiality limitations on disclosure due to federal 26 laws, state laws, and constitutional privacy rights; 27 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and 28 between the PARTIES, by and through their respective counsel of record, that they jointly 3095995-5 1 STIPULATED [PROPOSED] PROTECTIVE ORDER 2:76-CV-00162-GEB-EFB 1 request, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, that the Court 2 enter this Stipulated [Proposed] Protective Order (hereinafter “ORDER”) as an Order of 3 the Court, as set forth below. 4 This stipulation and ORDER shall govern all “CONFIDENTIAL” information (as 5 defined hereafter) and all information derived therefrom, including, but not limited to, all 6 copies, excerpts or summaries thereof. Definition of Confidential Information 7 8 1. For purposes of the Order, the term “CONFIDENTIAL” means any 9 information, document, tangible thing, electronically stored information or transcript of 10 oral testimony, whether or not made under oath, or any portion of such document, thing, 11 information, or transcript, designated by any party as CONFIDENTIAL because it 12 contains: (a) security-sensitive information (information that if released to the public or 13 inmate population may compromise the safety and security of a correctional facility), (b) 14 private and/or confidential personal information, such that the party making the 15 designation avers that it can and would make a showing to the Court sufficient to justify 16 the filing of the document or information under seal in accordance with Federal Rule of 17 Civil Procedure 26(c), Local Rules 140, 141, and/or 141.1, and controlling federal case 18 law, or (c) information reasonably believed to be protected from disclosure pursuant to 19 state or federal law. 20 2. Prior to the execution of this Stipulation, the PARTIES exchanged 21 documents and information, some of which could be considered CONFIDENTIAL 22 pursuant to this Stipulation. The PARTIES agree that any such CONFIDENTIAL 23 documents or information exchanged prior to the Stipulation may be designated as 24 CONFIDENTIAL and subject to all the terms and conditions of the Stipulation and any 25 related Order. As to any such documents or information, the PARTIES shall have 14 days 26 from the date the Order is entered to designate such documents and information 27 CONFIDENTIAL. 28 3095995-5 2 STIPULATED [PROPOSED] PROTECTIVE ORDER 2:76-CV-00162-GEB-EFB Who May Have Access to Confidential Information 1 2 3. CONFIDENTIAL information may be disclosed only to the following 3 persons: 4 (a) Counsel for PLAINTIFFS and DEFENDANTS (defined herein to 5 include: attorneys in this ACTION and their support staff, including paralegals, legal 6 interns, certified law students, and legal assistants); 7 (b) The PARTIES to this ACTION; 8 (c) The Court, its officers, court personnel, stenographic reporters, and 9 videographers engaged in proceedings in this matter; 10 (d) Any expert or consultant retained by any party or the Court for 11 purposes of this litigation; and 12 (e) Witnesses to whom CONFIDENTIAL information is necessarily 13 required be disclosed during testimony given in this matter or otherwise during the legal 14 proceedings, provided that the witness shall be informed of and shall agree to be bound by 15 the terms of this ORDER. 16 Any attorney, the attorney’s support staff, or expert to whom disclosure is made 17 will be furnished with a copy of the ORDER and will be subject to this ORDER. 18 Nothing in this ORDER will preclude PLAINTIFFS’ counsel from reviewing with 19 a PLAINTIFF his or her Jail medical and/or custody records. Use of Confidential Information 20 21 4. In their capacity as class counsel, Plaintiffs’ counsel may receive private and 22 confidential information and documents about class members, including medical records. 23 The PARTIES acknowledge that disclosure of such documents and information is made 24 only as is necessary and appropriate for Plaintiffs’ counsel to represent the interests of 25 class members in this matter. Plaintiffs’ counsel acknowledge their obligation to strictly 26 maintain the confidentiality of any documents provided by Defendant and designated 27 CONFIDENTIAL under the terms of this Stipulation and Order, and further agree to be 28 bound by all privacy laws that may apply to the documents and information received, 3095995-5 3 STIPULATED [PROPOSED] PROTECTIVE ORDER 2:76-CV-00162-GEB-EFB 1 including, but not limited to, the Health Insurance Portability and Accountability Act, if 2 applicable. 3 5. By designating a document or portion thereof as CONFIDENTIAL, the 4 party making the designation avers that it can and would make a showing to the Court 5 sufficient to justify the filing of the document or portion thereof under seal in accordance 6 with Federal Rule of Civil Procedure 26(c), Local Rules 140, 141, and/or 141.1, and 7 controlling federal case law. 8 6. The designation of information as CONFIDENTIAL shall be made 9 whenever possible prior to production, by placing or affixing on each page of such 10 material in a manner that will not interfere with its legibility the words 11 “CONFIDENTIAL,” or by the designation of categories of documents as 12 “CONFIDENTIAL.” If such designation is not possible prior to production, the 13 designation must be made by the producing party within seven (7) days after disclosure. 14 The information shall be treated as CONFIDENTIAL until the seven (7) days has 15 elapsed. Within such seven (7)-day period, the disclosing party must notify all PARTIES 16 in writing of the precise information sought to be designated as CONFIDENTIAL. In the 17 event of a mistake or inadvertent disclosure is discovered post-production, such documents 18 shall be treated as CONFIDENTIAL as of the date the documents were originally 19 produced. If any such documents were provided to a person other than identified in 20 section 3(a) – (e), those document shall be returned to counsel within 10 days of notice of 21 the inadvertent disclosure. 22 7. Counsel for any party retains the right to challenge the designation of a 23 particular document or portion thereof as CONFIDENTIAL. The burden of proof with 24 respect to the propriety or correctness of the designation of any document or portion 25 thereof as CONFIDENTIAL will rest on the designating party. If any party believes any 26 designation of a document or portion thereof as CONFIDENTIAL is inappropriate, the 27 PARTIES will meet and confer and attempt to resolve the issue on an expedited basis. If 28 the PARTIES are unable to mutually agree on a resolution, the PARTIES will seek 3095995-5 4 STIPULATED [PROPOSED] PROTECTIVE ORDER 2:76-CV-00162-GEB-EFB 1 appropriate Court intervention, including a request for a discovery conference or call with 2 the Magistrate Judge, and where appropriate, submit the documents to the Magistrate 3 Judge under seal to determine whether and to what extent such documents or portions 4 thereof should be deemed CONFIDENTIAL information in accordance with Paragraph 2 5 of this ORDER. Specifically, the Magistrate Judge shall determine whether the party 6 seeking to designate information as CONFIDENTIAL has satisfied the requirements for 7 filing the document or portion thereof sought to be designated under seal in accordance 8 with Federal Rule of Civil Procedure 26(c), Local Rules 140, 141, and/or 141.1, and 9 controlling federal case law. Where requested or permitted by the Court, the PARTIES 10 may provide the Court with separate statements containing the challenges by the party 11 opposing the CONFIDENTIAL information designation and the justifications by the 12 party designating the documents or portions thereof as CONFIDENTIAL. 13 8. Should testimony of a witness involve the disclosure of a party’s 14 CONFIDENTIAL information, the following procedure will apply: 15 (a) The court reporter will be directed to bind those portions of the 16 transcript containing CONFIDENTIAL information separately. This request will be 17 made on the record whenever possible. 18 (b) The cover of any portion of a deposition or court proceeding transcript 19 that contains testimony or documentary evidence that has been designated 20 CONFIDENTIAL will be prominently marked: 21 CONFIDENTIAL/SUBJECT TO PROTECTIVE ORDER. 22 (c) All portions of transcripts designated as CONFIDENTIAL will be 23 sealed and will not be disseminated except to the persons identified in Paragraph 3. 24 9. Any party may designate a transcript or portion thereof as 25 CONFIDENTIAL and subject to the Protective Order at the time of the testimony or 26 within seven days after the time the testimony is given. If a party intends to designate 27 portions of a transcript as “CONFIDENTIAL,” that party shall have the right to limit 28 attendance during the relevant portion of the testimony to the persons set forth in 3095995-5 5 STIPULATED [PROPOSED] PROTECTIVE ORDER 2:76-CV-00162-GEB-EFB 1 Paragraph 3 of this ORDER. 2 10. For all pleadings that contain CONFIDENTIAL information, the filing 3 party shall seek leave of court to file under seal consistent with the Local Rules for the 4 Eastern District of California. With leave of court, an unredacted version will be filed 5 under seal with the clerk of the court, and pleadings containing CONFIDENTIAL 6 information will be filed in a sealed envelope prominently marked with the caption of this 7 case, the identity of the party filing the envelope, and the notation: CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER THIS ENVELOPE IS NOT TO BE OPENED NOR THE CONTENTS DISPLAYED, COPIED, OR REVEALED, EXCEPT BY COURT ORDER 8 9 10 11 11. Upon a failure of the filing party to file personal, security, or 12 private/confidential information under seal, any party may request that the Court place the 13 document under seal. The procedures of Local Rules 140, 141, and/or 141.1 shall be 14 followed. 15 12. Either party may challenge the designation of a transcript, or a portion 16 thereof as CONFIDENTIAL under the procedure set forth in Paragraph 6, above. 17 13. The PARTIES agree that CONFIDENTIAL information subject to this 18 ORDER is strictly limited to use in this litigation and shall not be used by them, or anyone 19 else, for any other purpose. If records are unsealed by the Court or filed in the public 20 record in this ACTION this paragraph shall not apply. 21 14. Disclosure of CONFIDENTIAL information shall not constitute a waiver of 22 the attorney-client privilege, work-product doctrine, or any other applicable rights or 23 privilege. In addition, no document shall lose its CONFIDENTIAL status because it was 24 inadvertently or unintentionally disclosed to a person not authorized to receive it under this 25 ORDER. 26 15. Within thirty (30) days of the conclusion of the litigation of this ACTION, 27 all material marked as CONFIDENTIAL under this ORDER and not received in 28 evidence shall be returned to the producing party or third party, unless the PARTIES 3095995-5 6 STIPULATED [PROPOSED] PROTECTIVE ORDER 2:76-CV-00162-GEB-EFB 1 agree that the material may be destroyed instead of being returned, in which instance 2 counsel shall certify that the documents have been destroyed. This ORDER shall survive 3 the discontinuance or other resolution of the ACTION. 4 16. To the extent that any provisions of this ORDER restrict the communication 5 and use of the CONFIDENTIAL information produced hereunder, such ORDER shall 6 continue to be binding after the conclusion of this litigation, except that there shall be no 7 restriction on documents that are used as exhibits in Court unless such exhibits were or 8 should have been filed under seal. 9 17. Nothing contained in this ORDER shall be deemed to preclude any party at 10 any time from: 11 (a) seeking and obtaining from the opposing party or the Court, on 12 appropriate showing, a further protective order relating to CONFIDENTIAL information 13 or relating to any information or documents sought in this case; 14 (b) applying to the Court for an order requiring the removal of the 15 CONFIDENTIAL designation from any document pursuant to Paragraph 6 above; or 16 (c) applying to the Court for any relief from a provision of this ORDER, 17 upon good cause shown. 18 Nothing in this ORDER shall be construed as preventing any party from making 19 application to the Court for revision of the terms of this ORDER. 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 3095995-5 7 STIPULATED [PROPOSED] PROTECTIVE ORDER 2:76-CV-00162-GEB-EFB 1 18. Each person designated in Paragraph 3, by receiving and reading a copy of 2 the ORDER entered by the Court as part of this Stipulation and Protective Order, agrees to 3 abide by its provisions and to see that its provisions are known and adhered to by those 4 under his or her supervision or control, and to submit to the jurisdiction of the Court in the 5 event the ORDER is breached. 6 IT IS SO STIPULATED. 7 DATED: February 2, 2017 U.C. DAVIS CIVIL RIGHTS CLINIC 8 By: /s/ Carter C. White Carter C. White 9 10 Attorney for Plaintiffs 11 12 DATED: February 2, 2017 By: /s/ Gay Crosthwait Grunfeld Gay Crosthwait Grunfeld 13 14 Attorney for Plaintiffs 15 16 ROSEN BIEN GALVAN & GRUNFELD LLP DATED: February 3, 2017 17 18 PORTER SCOTT A PROFESSIONAL CORPORATION 19 By: /s/ Carl L. Fessenden Carl L. Fessenden 20 Attorney for Defendants 21 22 ORDER The Court, having reviewed the above stipulation of the parties, and good cause 23 appearing, hereby enters the Stipulated Protective Order. 24 IT IS SO ORDERED. 25 DATED: February 7, 2017. 26 27 28 3095995-5 Edmund F. Brennan United States Magistrate Judge 8 STIPULATED [PROPOSED] PROTECTIVE ORDER 2:76-CV-00162-GEB-EFB

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