Lopez v. Schwarzenneger

Filing 164

STIPULATION and PROTECTIVE ORDER regarding discovery documents signed by Magistrate Judge Gregory G. Hollows on 11/19/12. (See order for further details)(Plummer, M)

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WILLIAMS & ASSOCIATES
1250 Sutterville Road, Ste. 290
Sacramento, CA 95822
[phone]
[phone] (fax)
Kathleen J. Williams, CSB #127021
Matthew Ross Wilson, CSB #236309

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Attorneys for defendants
CATE, WILLIAMS, PARK, GARCIA,
BERNA, CRONJEAGER, GOMEZ,
FLOREZ, McCLURE, BUECHNER, BURT,
FISCHER, RUFFand KISSEL

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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ANDREW LOPEZ,

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Plaintiff,
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vs.
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ARNOLD SCHWARZENEGGER, et al., )
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Defendants.
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CASE NO: 2:09-cv-01760 MCE GGH P
STIPULATION AND PROTECTIVE
ORDER REGARDING DISCOVERY
DOCUMENTS

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This Protective Order is entered into by and between the plaintiff and the

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defendants in this matter, by and through their respective counsel of record. The parties

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hereby agree, and the Court hereby orders, that:

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1.

Plaintiff has made discovery requests for documents regarding the

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plaintiff’s validation as a prison gang member. Those requests seek documents that

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address investigations into prison gang activity and identify the sources of that

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information. Such documents are maintained as confidential by the California

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Department of Corrections and Rehabilitation (CDCR) and are not made available to

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inmates due to the serious threat to the safety of inmates and staff that disclosure of

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the information would present. The plaintiff has also requested documents pertaining to

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the training of the defendants in the investigation of inmate involvement in gang activity

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Lopez v. Schwarzenegger, et al. [2:09-cv-01760 MCE GGH P] Stipulated Proposed Protective Order

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as well as the post orders regarding the defendants’ work assignments that involve the

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investigation of gang activity. Such documents are maintained as confidential by the

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CDCR, and are not made available to inmates, because they contain information that

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would be invaluable to inmates seeking to engage in gang activity without being

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detected. Lastly, the plaintiff has requested production of inmate appeal records

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regarding the defendants and their involvement in the investigation and validation of

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inmates as gang members. These inmate appeal records, involving inmates who are

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not parties to this lawsuit, implicate both the privacy concerns of those inmates and

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potentially endanger their safety as they could make reference to confidential

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information or identify those inmates as gang members. Due to these concerns, the

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parties have agreed to this protective order.

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2.

Subject to, and without waiving any objections any party may have as to

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the discoverability or admissibility of any of these documents, the defendants

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will produce the following documents subject to the remainder of this stipulation:

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a.

Lopez.

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b.

Memorandum dated June 8, 2006, to Captain Field from CO
Garcia, regarding safety concerns of an inmate.

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Notice of Critical Information Confidential Enemies form regarding

c.

Memorandum dated December 28, 1999, to Captain Peterson from

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Institutional Gang Investigator Johnson, regarding debriefing of

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inmate.

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d.

Memorandum dated June 8, 2000, to Chief Deputy Warden

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Runnels from Institutional Gang Investigator Johnson, regarding

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debriefing of inmate.

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e.

regarding debriefing of inmate.

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Memorandum dated July 22, 1997, to Captain Smith from CO King,

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Documents regarding training of defendants in the investigation,

Lopez v. Schwarzenegger, et al. [2:09-cv-01760 MCE GGH P] Stipulated Proposed Protective Order

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identification, validation, monitoring and/or tracking of a prisoner as

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an active or inactive gang member.
g.

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Staff complaints filed against the defendants regarding their

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involvement in the investigation, identification, validation,

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monitoring and/or tracking of a prisoner as an active or inactive

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gang member.
h.

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CDCR Special Services Unit file regarding Lopez, containing the
gang validation packets concerning Lopez.

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i.

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Post Order acknowledgments signed by the defendants which

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relate to their involvement in the investigation, identification,

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validation, monitoring and/or tracking of a prisoner as an active or

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inactive gang member.

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3.

The documents and contents of the documents described above shall be

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used only in connection with this action, shall not be disclosed to any person other than

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the individuals set forth below and may be disclosed only as necessary in connection

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with this action:

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a.

Plaintiff’s counsel and employees, and anyone retained to assist
the plaintiffs in the preparation for trial of this action.

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b.

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The defendants, defendants’ counsel and employees, and anyone

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retained to assist the defendants in the preparation for trial of this

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action.
c.

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Experts or consultants retained by a party solely to assist in
preparation for trial of this action.

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d.

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The Court.

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4.

The above documents will not be disclosed to the plaintiff LOPEZ.

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5.

Each document produced pursuant to this stipulation will be stamped

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“confidential”.

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Lopez v. Schwarzenegger, et al. [2:09-cv-01760 MCE GGH P] Stipulated Proposed Protective Order

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6.

No copies, extracts, or summaries of any of the above documents shall be

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made except by or on behalf of counsel of record. Such copies, extracts, or summaries

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shall also be maintained as described herein.

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7.

During depositions, counsel of record may question any witness about the

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above documents. Any of the above documents so referred to may be marked as an

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exhibit, but none of the above documents, or any portion thereof, shall be attached to

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any publicly-available deposition or other transcript. Portions of deposition transcripts in

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which the above documents are discussed, and any exhibits consisting of the above

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documents, shall be bound under seal separately from the remaining portions of the

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transcript.
8.

The parties acknowledge that this stipulated protective order does not

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entitle them to file these confidential documents under seal. Local Rules 141 and 141.1

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set forth the procedures that must be followed and the standards that will be applied

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when a party seeks permission from the court to file material under seal. A party

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seeking to file any of the above documents with the court, or any document disclosing

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the substance of the above documents, must first file with the court a motion to seal the

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documents. The documents will not be filed with the court until the court has ruled on

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the motion to seal the documents.

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9.

This protective order is not intended to govern at trial. The parties will

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cooperate in establishing procedures acceptable to the Court with respect to the

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protection of the above documents at any trial and upon any appeal of this case.

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10.

Within ninety (90) days after receiving notice of the entry of an order,

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judgment or decree terminating this action, and after the conclusion of any appeals, all

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persons having received the documentation described above shall either destroy that

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documentation or return such material and all copies of it to counsel for the party who

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produced it. Counsel for each party shall also destroy all extracts or summaries of the

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above documents or destroy the documents containing the extracts or summaries.

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Lopez v. Schwarzenegger, et al. [2:09-cv-01760 MCE GGH P] Stipulated Proposed Protective Order

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The Clerk of the Court shall, upon request of a party that produced any of

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the above documents, return to such party all documents and things containing or

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referring to the above documents that were filed under seal pursuant to this protective

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order. As to those documents or things containing such information which cannot be

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returned, they shall continue to be kept under seal and shall not be examined by any

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person without prior Court order issued after notice to all parties, or a written stipulation

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of counsel for all parties.
12.

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Nothing contained in the protective order shall preclude any party from

seeking or obtaining, upon an appropriate showing, additional protection with respect to

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any document, information or other discovery material or trade secrets. Nothing

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contained herein relieves any party of its obligation to respond to discovery properly

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initiated pursuant to the Federal Rules of Civil Procedure.
13.

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The Court may modify this protective order at any time or consider any

dispute which may arise hereunder upon motion of any party.
14.

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This protective order shall remain in effect for the duration of this action

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unless terminated by stipulation or by Court order. Insofar as they restrict the

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Lopez v. Schwarzenegger, et al. [2:09-cv-01760 MCE GGH P] Stipulated Proposed Protective Order

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disclosure, treatment, or use of information subject to this protective order, the

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provisions of this protective order shall continue to be binding after the termination of

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this action, unless the Court orders otherwise.

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Dated: November 19, 2012

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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lope1760.po

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Proposed By:

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Dated: October 29, 2012

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By: /s/Robert Navarro

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ROBERT NAVARRO

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Attorney for Plaintiff Lopez

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Dated: October 29, 2012

WILLIAMS & ASSOCIATES

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By: /s/Matthew Ross Wilson

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MATTHEW ROSS WILSON, CSB #236309

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Attorneys for defendants CATE, WILLIAMS,

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PARK, GARCIA, BERNA, CRONJEAGER,

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GOMEZ, FLOREZ, McCLURE, BUECHNER,

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BURT, FISCHER, RUFF, ROMAN, and

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KISSEL

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Lopez v. Schwarzenegger, et al. [2:09-cv-01760 MCE GGH P] Stipulated Proposed Protective Order

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