Singh, et al v. Sacramento County, et al

Filing 80

STIPULATION and 77 PROTECTIVE ORDER signed by Magistrate Judge John F. Moulds on 10/11/2011. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ESTATE OF BALJIT SINGH, deceased, by
and through PRABJIT SINGH DHANDA,
JASJIT KAUR DHANDA, SUKHJIT
KAUR DHANDA and DAVANJIT SINGH
DHANDA (minors through their mother and
guardian ad litem Amarjit Singh) and
AMARJIT SINGH as successors in interest;
PRABJIT SINGH DHANDA, Individually;
JASJIT KAUR DHANDA, Individually;
SUKHJIT KAUR DHANDA, Individually;
DAVANJIT SINGH DHANDA,
Individually; and AMARJIT SINGH,
Individually,

CASE NO. 2:09-CV- 1439 JAM JFM
STIPULATION FOR PROTECTIVE
ORDER AND PROTECTIVE ORDER
The Honorable John F. Moulds

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Plaintiffs,
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v.
COUNTY OF SACRAMENTO; Sacramento
County Sheriff JOHN MCGINNESS;
Sacramento County Main Jail Commander
SCOTT JONES; Sacramento County
Sheriff’s Department Chief of Correctional
and Court Services JAMIE LEWIS;
Sacramento County Chief of Correctional
Health Services ANNMARIE BOYLAN;
Sacramento County Jail System Medical
Director Dr. PETER DIETRICH; UC Davis
Department of Psychiatry Chair DR.
ROBERT HALES; Clinical Direct of Jail
Psychiatric Services PAUL HENDRICKS;
Medical Director of Jail Psychiatric Services
DR. GREGORY SOKOLOV; L. MICHAEL
TOMPKINS; and Does 1 to 40, inclusive,

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Defendants.

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Subject to the approval of this Court, the parties hereby stipulate to the following
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protective order:
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1.

In connection with discovery proceedings in this action, the parties hereby designate

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documents as “confidential” under the terms of this Stipulation for Protective Order
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(hereinafter “Order”). The documents protected pursuant to this Order have not been

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made public and the disclosure of said documents would have the effect of causing harm.

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2.

The documents eligible for protection under this order include:

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A. Medical information regarding a third party, including but not limited to inmate
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medical records. Production of such documents would violate a third party’s right

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to privacy.

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B. Confidential minutes/agendas from various Sacramento County Main Jail

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meetings which would reveal the deliberations, communications and pre-

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decisional mental process made in regard to the quality assurance for medical and

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mental health care provided to the inmates. The meetings are private and not open

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to the public. The minutes from the meetings remain confidential and are not

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disseminated to the public. The minutes contain confidential opinions,

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suggestions or recommendations regarding quality of medical and mental health

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care to inmates that should be protected.

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C. A third party’s personnel file. Production of such documents would violate a third

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party’s right to privacy.

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D. Sacramento County Main Jail training materials regarding the main jail
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operations, which include intelligence training. Production of such documents

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would compromise the safety and security of the main jail, employees and

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inmates.

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3.

By designating documents as “confidential” under the terms of this Order, the party
making the designation is certifying to the Court that there is a good faith basis both in
law and in fact for the designation within the meaning of Federal Rule of Civil Procedure

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26(g).
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Stipulation For Protective Order And Protective Order
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4.

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Documents produced by a party shall be designated by the party as “confidential” by
bates stamping copies of the document with the word “CONFIDENTIAL”. The

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producing party shall also watermark and/or affix legends to such documents using the

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words “CONFIDENTIAL - SUBJECT TO COURT ORDER.”
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5.

Documents designated as “confidential” under this Order (hereinafter, “Confidential

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Material”), the information contained therein, and any summaries, copies, abstracts, or

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other documents derived in whole or in part from material designated as confidential

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shall be used only for the purpose of this action, and for no other purpose.

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6.

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Confidential Material produced pursuant to this Order may be disclosed or made
available only to counsel for a party (including the paralegal, clerical, and secretarial staff

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employed by such counsel and independent office services vendors hired by such

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counsel). Confidential Material may be provided to any expert retained for consultation

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and/or trial. In the event that Confidential Material is given to an expert, counsel that

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retained the expert shall provide a copy of this Order with the Confidential Material.

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7.

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The Confidential Material produced pursuant to this Order will be redacted with respect
to (i) social security numbers; (ii) dates of birth; (iii) financial information (including

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financial account numbers); and (iv) in all circumstances when federal law requires
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redaction. Each redaction must be identified by showing what information has been

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redacted (e.g., “social security number,” etc.) This provision complies with Eastern

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District Local Rule 140.

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8.

If a party would like to use Confidential Material in Court filings, at least seven (7) days
notice shall be given to all parties. All parties shall comply with the requirements of
Eastern District Local Rule 141, in the event that a party would like Confidential Material

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to be sealed.
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Stipulation For Protective Order And Protective Order
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9.

Nothing in this Order shall in any way limit or prevent Confidential Material from being
used in any deposition or other proceeding in this action. In the event that any
Confidential Material is used in any deposition or other proceeding in this action, it shall

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not lose its confidential status through such use.
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10. This Order is entered for the purpose of facilitating the exchange of documents between

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the parties to this action without involving the Court unnecessarily in the process.

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Nothing in this Order, or the production of any document under the terms of this Order,

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shall be deemed to have the effect of an admission or waiver by either party or of altering

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the confidentiality or non-confidentiality of any such document.
11. Nothing in this Order shall in and of itself require disclosure of information that is

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protected by the attorney-client privilege, work-product doctrine, or any other privilege,

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doctrine, or immunity, nor does anything in this Order, result in any party giving up its

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right to argue that otherwise privileged documents must be produced due to waiver or for

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any other reason.

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12. If Confidential Material produced in accordance with this Order is disclosed to any
person other than in the manner authorized by this Order, the party responsible for the

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disclosure shall immediately bring all pertinent facts relating to such disclosure to the
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attention of all counsel of record and, without prejudice to other rights and remedies

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available to the producing party, make every effort to obtain the return of the disclosed

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Confidential Material and prevent further disclosure of it by the person who was the

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recipient of such information.

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13. This Order shall survive the final termination of this action, to the extent that the
Confidential Material is not or does not become known to the public, and the Court shall

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retain jurisdiction to resolve any dispute concerning the use of the information disclosed
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Stipulation For Protective Order And Protective Order
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hereunder. Counsel for the parties shall destroy all Confidential Material in their

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possession, custody, or control within 180 (one hundred eighty) days of final termination

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of this action, which shall be deemed to occur only when final judgment has been entered

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and all appeals have been exhausted.
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IT IS SO STIPULATED.
Dated: September 30, 2011

LAW OFFICE OF STEWART KATZ
By: /s/ Stewart Katz
STEWART KATZ
Attorneys for Plaintiffs

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.

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Dated: September 30, 2011

LAW OFFICE OF JOSEPH C. GEORGE

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By: /s/ Joe George
JOSEPH C. GEORGE, SR.
Attorneys for Plaintiffs

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.

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Dated: September 30, 2011

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LONGYEAR, O’DEA & LAVRA, LLP
By: /s/ Jennifer Marquez
.
VAN LONGYEAR
JENNIFER MARQUEZ
Attorneys for Defendants,
County of Sacramento, John McGinness,
Scott Jones, Jamie Lewis, AnnMarie Boylan

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Dated: September 30, 2011

RIVERA & ASSOCIATES
By: /s/ Jesse Rivera
JESSE M. RIVERA
Attorneys for Defendant,
Peter Dietrich

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Stipulation For Protective Order And Protective Order
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Dated: Septe
D
ember 30, 20
011

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WILKE, FL
LEURY, HO
OFFELT, GO
OULD & BIR
RNEY, LLP
P
By: /s/ Robert Tyler
ROB
BERT F. TY
YLER, JR.
Atto
orneys for Defendants,
Rob Hales, Pa Hendrick
bert
aul
ks,
Greg
gory Sokolo L. Michael Tompkins
ov,
s

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.

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The under
rsigned has c
considered th stipulated protective o
he
d
order filed an signed by
nd
y
al parties on September 3 2011.
ll
30,

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IT IS SO ORDER
RED.
DATED: Oct
D
tober 11, 201
11.

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/0
014;sing1439.po

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Stipulation For Protective Order And P
n
Protective Orde
er
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