Dagdagan v. City of Vallejo et al

Filing 36

STIPULATED PROTECTIVE ORDER regarding confidential materials signed by Magistrate Judge Gregory G. Hollows on 7/22/09. (Carlos, K)

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A PROFESSIONAL CORPORATION

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

Attorneys for Defendants CITY OF VALLEJO, OFFICER J. WENTZ, OFFICER JOHN B O Y D , OFFICER MELVILLE P e te r W. Alfert, SBN 83139 H I N T O N , ALFERT & SUMNER 1646 No. California Blvd. Suite 600 Walnut Creek, CA 94596 925-932-6006 925-932-3412 (fax) [e-mail] T o d d Boley, SBN 68119 A tto rn e y At Law 4 7 6 Third Street O a k la n d , CA 94607 te le p h o n e [phone] f a cs im ile [phone] A tto rn e ys for Plaintiff

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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

I N THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA M A C A R IO BELEN DAGDAGAN, P l a i n t if f s , S T IP U L A T E D PROTECTIVE ORDER vs. C I T Y OF VALLEJO; VALLEJO OFFICER J . WENTZ (ID#524); VALLEJO OFFICER J O H N BOYD (ID # 589); and DOES 1-30, D e f e n d a n t. / /// /// /// /// 1
S T IP U L A T E D PROTECTIVE ORDER
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C as e No.: CIV. 2:08-CV-0922-GEB GGH

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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

P la in tif f MACARIO BELEN DAGDAGAN and Defendants CITY OF VALLEJO, W E N T Z , BOYD, and MELVILLE by and through their undersigned counsel, and subject to th e approval of the court, stipulate to the following Protective Order, as set forth below: 1. T h is is an action pursuant to Title 42 U.S.C. Section 1983, arising from the

a rr e s t of Plaintiff and subsequent search of his residence pursuant to search warrant. 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, which are confidential. Additionally, Plaintiff seeks in f o rm a tio n and documents, including sensitive and confidential policies and procedures w h ic h are not for public consumption. 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. /// 2
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A witness at any deposition or proceedings in this action; and Any other person as to whom the parties inviting agree in writing.

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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

P r io r to receiving any confidential material, each "qualified person" shall be provided w i t h 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. 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 t s 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

s h a ll 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

p a rty 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. 3
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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

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 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 ra l Rule of Civil Procedure 26 (c) for a separate Protective Order as to any particular d o c u m e n t 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. /// /// /// /// /// 4
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IT IS SO STIPULATED.

D a te d July 7, 2009

HINTON, ALFERT & SUMNER A Professional Corporation By /s/ Peter W. Alfert Peter W. Alfert A tto rn e ys for Plaintiff

D a te d July 7, 2009 7 8 9 B y: 10 11 12 D a te d July 7, 2009 13 14 By 15 16 17 ORDER 18 H a v in g reviewed the above Stipulation, and good cause appearing, 19 IT IS SO ORDERED. 20 21 J u ly 22, 2009 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

T o d d Boley A tto rn e y at Law /s/ Todd Boley Todd Boley A tto rn e y for Plaintiff

PORTER SCOTT A Professional Corporation /s/ John R. Whitefleet Terence J. Cassidy J o h n R. Whitefleet A tto rn e ys for Defendants

/s/ Gregory G. Hollows ______________________________ M a g is tra te Judge of the United States District C o u rt Eastern District of California d a g d a g a n .o r d

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