Barnes v. Denny et al

Filing 56

STIPULATED PROTECTIVE ORDER regarding confidential information signed by Magistrate Judge Gregory G. Hollows on 03/30/09. (See order for further details)(Plummer, M)

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A PROFESSIONAL CORPORATION

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Terence J. Cassidy, SBN 99180 John R. Whitefleet, SBN 213301 Glen A. Williams, SBN 257665 350 University Ave., Suite 200 Sacramento, California 95825 TEL: [phone] FAX: [phone]

Attorneys for Defendants COUNTY OF SUTTER, SHERIFF JIM DENNEY (inadvertently s u e d as DENNY), OFFICER WILLY MITCHELL, OFFICER J. RUONA and SUTTER C O U N T Y BOARD OF SUPERVISORS

U N IT E D STATES DISTRICT COURT 10 E A S T E R N DISTRICT OF CALIFORNIA 11 12 R Y A N A. BARNES, 13 P l a in tif f , 14 vs. 15 16 17 18 19 P lain tiff RYAN A. BARNES and Defendants COUNTY OF SUTTER, SHERIFF JIM 20 D E N N E Y (inadvertently sued as DENNY), OFFICER WILLY MITCHELL, OFFICER J. 21 R U O N A and SUTTER COUNTY BOARD OF SUPERVISORS, by and through their 22 u n d e rs ig n e d counsel, and subject to the approval of the court, stipulate to the following 23 P ro te c tiv e Order, as set forth below: 24 1. 25 in ju rie s allegedly sustained to Plaintiff while being held as a pre-trial detainee at the Sutter 26 C o u n ty Jail. 27 /// 28
PORTER * SCOTT
ATTORNEYS 3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0 SACRAM EN TO , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

C as e No. CIV 07-1380 GGH P S T IP U L A T E D PROTECTIVE ORDER

C O U N T Y OF SUTTER, SHERIFF JIM D E N N Y , OFFICER WILLY MITCHELL, O F F IC E R J. ROUNA and SUTTER C O U N T Y BOARD OF SUPERVISORS, D e f e n d a n ts . /

T h is is an action pursuant to Title 42 U.S.C. Section 1983, arising from the

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PORTER * SCOTT
ATTORNEYS 3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0 SACRAM EN TO , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

2.

P la in tif f has propounded Requests for Production of Documents, whereby

P lain tiff seeks information and documents, including sensitive and private personnel file in f o rm a tio n involving the parties, including the Sheriff Jim Denney, and Correctional O f f ic e rs Willy Mitchell and J. J. Ruona, which are confidential. Additionally, Plaintiffs seek in fo rm atio n and documents, including sensitive and private jail records information involving n o n -p a rty inmates alleged to be involved in the incident. 3. C o n f id e n tia l information is information which has not been made public and

is privileged and confidential and protected from public disclosure under applicable law. M a te r i a l designated as "confidential" under this order include the information contained th e re in , and any summaries, copies, abstracts, or documents derived in whole or in part from m ate rials designated as confidential (herein after "confidential material"). 4. C o n f id e n tia l material will be produced in conjunction with further responses

to Requests for Production of Documents, clearly marked as Confidential, and redacted as n e c e s s a r y to protect the rights and privacy of third-parties. 5. C o n f id e n tia l material produced pursuant to this order shall be used only for the

p u rp o s e of the prosecution, defense, or settlement of this action and for no other purpose, co n fid en tial material may be disclosed or made available only to the court, to court reporters re ta in e d in this action, to counsel for a party (including the paralegal, clerical, and secretarial s ta f f employed by such counsel), and to the "qualified persons" designated below: a. Experts or consultants (together with their clerical staff) retained by

s u c h counsel to assist in the prosecution, defense or settlement of this action; b. c. A witness at any deposition or proceedings in this action; and Any other person as to whom the parties inviting agree in writing.

P r io r to receiving any confidential material, each "qualified person" shall be provided w ith a copy of this Order and shall execute a non-disclosure agreement in the form of A ttac h m e n t A, the original copy of which shall be maintained by the counsel who is p r o v i d in g these materials. /// 2
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PORTER * SCOTT
ATTORNEYS 3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0 SACRAM EN TO , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

6.

A n y party that files or intends to file with the Court, for purposes of

a d ju d ic a tio n or to use at trial, documents or materials, including the existence of such m a te ria l in any pleading, motion, exhibit or other paper, designated as Confidential pursuant to this Stipulated Protective Order, should, prior to filing such Confidential documents or m a te r ia ls , move the Court for an order sealing such documents upon a showing of good cause in compliance with the requirements of California Eastern District Court Local Rules 39-140 a n d 39-141, which are heretofore fully incorporated by reference. 7. U p o n the issuance of an order of the Court sealing such documents, all

d o c u m e n ts or materials designated as Confidential pursuant to this Stipulated Protective O rd e r, and all papers or documents containing information or materials designated as " C o n f id e n tia l" that are filed with the Court for any purpose shall be filed and served under s e a l, with the following statement affixed to the document or information: " T h is envelope is sealed pursuant to the order of the Court and contains Confidential in f o rm a tio n filed in this case by [name of party] and is not to be opened nor the contents th e re o f displayed or revealed except by order of the Court." 8. T h e portion of any deposition in which confidential materials are discussed

shall be taken only in the presence of qualified persons, as defined above. 9. N o th in g herein shall impose any restrictions on the use or disclosure by a

party of material obtained by such party independent of discovery in this action, whether or n o t such material is also obtained through discovery in this action, or from disclosing its own c o n f id e n tia l material as it deems appropriate. Receipt by any party of any confidential in f o rm a tio n shall not be either an admission or claim that the information is private, c o n f id e n tia l, proprietary, and/or trade secret, as asserted by the propounding party, nor an a d m i s s io n with respect to the authenticity, competency, relevance or materiality thereof. 10. A ll documents designated as "Confidential" shall be treated as such and shall

b e subject to the provisions hereof unless and until one of the following occurs: a. T h e party who claims that the material is Confidential Information

w ith d ra w s such designation in writing; or 3
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b.

T h e Court rules the material is not Confidential Information. If a party

c o n te n d s that any material is not entitled to confidential treatment, such party may at any time a p p ly to the Court for an order removing the confidential designation from any material. 11. This Order shall be without prejudice to present a motion to the court under

F e d e r a l Rule of Civil Procedure 26 (c) for a separate Protective Order as to any particular d o c u m ent or information, including restrictions different from those as specified herein. This s h a ll not be deemed to prejudice the parties in any way in any future application for m o d ifica tio n of this Stipulation and Order. 12. N o th in g in this Order nor the production of any information or document under

th e terms of this Order nor any proceedings pursuant to this Order, shall be deemed to have th e affect of an admission or waiver of objections or privileges by either party or of altering th e confidentiality or non-confidentiality of any such document or information or altering any e x is tin g right or obligation of any party or the absence thereof. 13. A t the conclusion of this litigation, counsel for Plaintiff shall return all

c o n f id e n tia l and derivative materials within 60 calendar days, or shall certify to the D e f en d a n ts that all such materials have been destroyed. 14. T h is Order shall survive the final termination of this action, and the court shall

re ta in jurisdiction to resolve any dispute concerning the use of information disclosed h e re u n d e r.

IT IS SO STIPULATED.

D a te d : March 30, 2009 By

L A T H A M & WATKINS, LLP /s/ Brendan A. McShane Brendan A. McShane A tto rn e y for Plaintiff RYAN A. BARNES

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PORTER * SCOTT
ATTORNEYS 3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0 SACRAM EN TO , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

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1 D a te d : March 30, 2009 2 3 4 5 6 7 8 9 10 11 ORDER 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
PORTER * SCOTT
ATTORNEYS 3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0 SACRAM EN TO , CA 95825 T E L : 9 1 6 . 9 2 9 .1 4 8 1 F A X : 9 1 6 . 9 2 7 .3 7 0 6

P O R T E R SCOTT A PROFESSIONAL CORPORATION

By

/s/ John R. Whitefleet Terence J. Cassidy John R. Whitefleet G le n A. Williams A tto rn e y for Defendant C O U N T Y OF SUTTER, SHERIFF JIM D E N N E Y (inadvertently sued as D E N N Y ), OFFICER WILLY M IT C H E L L , OFFICER J. RUONA and S U T T E R COUNTY BOARD OF S U P E R V IS O R S

H a v in g reviewed the above Stipulation, and good cause appearing, IT IS SO ORDERED D a te d : April 1, 2009 /s/ Gregory G. Hollows ______________________________ J u d g e of the United States District Court E a ste rn District of California b a r n 1 3 8 0 .p r o

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