Coleman, et al v. Schwarzenegger, et al

Filing 6482

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 2/24/2020 MODIFYING Protective Orders. (Huang, H)

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DONALD SPECTER – 083925
STEVEN FAMA – 099641
MARGOT MENDELSON – 268583
PRISON LAW OFFICE
1917 Fifth Street
Berkeley, California 94710-1916
Telephone: [phone]
CLAUDIA CENTER – 158255
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION DISABILITY RIGHTS
PROGRAM
39 Drumm Street
San Francisco, California 94111-4805
Telephone: [phone]

MICHAEL W. BIEN – 096891
JEFFREY L. BORNSTEIN – 099358
ERNEST GALVAN – 196065
THOMAS NOLAN – 169692
LISA ELLS – 243657
JENNY S. YELIN – 273601
MICHAEL S. NUNEZ – 280535
JESSICA WINTER – 294237
MARC J. SHINN-KRANTZ – 312968
CARA E. TRAPANI – 313411
ALEXANDER GOURSE – 321631
ROSEN BIEN
GALVAN & GRUNFELD LLP
101 Mission Street, Sixth Floor
San Francisco, California 94105-1738
Telephone: [phone]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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14 RALPH COLEMAN, et al.,

Case No. 2:90-CV-00520-KJM-DB

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STIPULATION AND ORDER
MODIFYING PROTECTIVE ORDERS

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Plaintiffs,
v.

Judge: Hon. Kimberly J. Mueller
17 GAVIN NEWSOM, et al.,
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Defendants.

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[3491514.6]

STIPULATION AND ORDER MODIFYING PROTECTIVE ORDERS

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On January 7, 2020, the Court ordered the parties to present a proposed stipulation

2 and protective order to facilitate information sharing between the Coleman and Plata1
3 classes. ECF No. 6441 at 3.
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The parties understand counsel in Plata are filing a stipulation and proposed order

5 to modify the protective order in that matter to permit confidential material received in
6 Plata to be shared with and used in connection with Coleman.
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The Protective Orders filed in this action on September 12, 1991, ECF No. 90;

8 July 29, 1992, ECF No. 291; and January 12, 2007, ECF No. 2109, are hereby expanded as
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The definition of “confidential material” is hereby expanded to include California

11 Department of Corrections and Rehabilitation (“CDCR”) records that are designated by
12 defendants as threatening prison safety or security if disclosed without protective
13 conditions (“security information”), and which are produced by defendants in informal or
14 formal discovery in this action.
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Confidential material may be disclosed to individuals—as described in Paragraph

16 3(a)-3(e) of the Coleman January 12, 2007 order, ECF No. 2109—in Plata who agree to be
17 bound by the terms of the Coleman protective orders; and all such confidential material
18 can be used in connection with Plata.
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IT IS SO STIPULATED.
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Plata, et al. v. Newsom, et al., No. 4:01-01351-JST, currently pending in the United
28 States District Court for the Northern District of California.
[3491514.6]

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STIPULATION AND ORDER MODIFYING PROTECTIVE ORDERS

1 DATED: February 6, 2020

Respectfully submitted,

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ROSEN BIEN GALVAN & GRUNFELD LLP

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By: /s/ Marc J. Shinn-Krantz
Marc J. Shinn-Krantz

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Attorneys for Plaintiffs

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8 DATED: February 6, 2020
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XAVIER BECERRA
Attorney General of California
ADRIANO HRVATIN
Supervising Deputy Attorney General

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By: /s/ Kyle A. Lewis
Kyle A. Lewis
Deputy Attorney General

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Attorneys for Defendants

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The foregoing stipulation of the parties is approved. In addition, paragraph 7 of the
protective order filed January 12, 2007, ECF No. 2019, is hereby modified as follows:

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7. With the exception of the monthly bed utilization reports required by the court’s

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May 23, 2007 order, ECF No. 2236, any party who seeks to file any document

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containing confidential information shall comply with the requirements of Local

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Rule 141 (E.D.Cal. 2019). The provisions of Local Rule 141(c) notwithstanding,

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all requests to seal documents shall be accompanied by a stipulation of all counsel

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consenting to the sealing request or notice that such stipulation could not reasonably

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be obtained. No separate court order is required for the filing of the monthly bed

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[3491514.6]

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STIPULATION AND ORDER MODIFYING PROTECTIVE ORDERS

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utilization reports required by the court’s May 23, 2007 order, ECF No. 2236, and

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the Clerk of the Court shall continue to file those monthly reports pursuant to the

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existing protective orders in this action including this order.
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IT IS SO ORDERED.

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9 DATED: February 24, 2020.
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[3491514.6]

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STIPULATION AND ORDER MODIFYING PROTECTIVE ORDERS