McMurray v. County of Sacramento et al

Filing 48

STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 7/26/2011 ORDERING that the documents described may be designated as "Confidential" and produced subject to this Order and used solely for preparation and trial of this case. (Waggoner, D)

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A PROFESSIONAL CORPORATION

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Terence J. Cassidy, SBN 99180
Kristina M. Hall, SBN 196794
350 University Ave., Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]

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Attorneys for Defendants COUNTY OF SACRAMENTO, SHERIFF JOHN McGINNESS,
DEPUTY SHERIFFS JAVIER BUSTAMANTE, V. CANDIDO, L. CULP

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VALETTA McMURRAY,

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Case No. 2:09-CV-02245-GEB-EFB

Plaintiff,

STIPULATED PROTECTIVE ORDER
REGARDING CRIMINAL BACKGROUND
RECORDS OF PLAINTIFF AND
DECEDENT

vs.
COUNTY OF SACRAMENTO, SHERIFF
JOHN McGINNESS, DEPUTY SHERIFFS
JAVIER BUSTAMANTE, V. CANDIDO, L.
CULP, and DOES 1 through 10, inclusive.

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Defendants.
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Counsel for Defendants COUNTY OF SACRAMENTO, JOHN McGINNESS, JAVIER

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BUSTAMANTE, V. CANDIDO and L. CULP have sought the criminal history records of Plaintiff

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VALETTA McMURRAY and decedent Damion McMurray via subpoenas to the California

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Department of Justice (“DOJ”), a third party, pursuant to Fed. R. Civ. P. 45. DOJ is the custodian

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of records and maintains the records Defendants seek. DOJ in good faith asserts that the subpoenaed

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records contain information that is (a) confidential, sensitive, or potentially invasive of an

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individual’s privacy interests; (b) not generally known; and, ( c) not normally revealed to the public

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or third parties or, if disclosed to third parties, would require such third parties to maintain the

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information in confidence. Thus, DOJ intended to object to the subpoenas. However, as a showing

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of good faith and cooperation, and to avoid bringing this matter before the Court in a motion to

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PORTER * SCOTT
ATTORNEYS

STIPULATED PROTECTIVE ORDER REGARDING
CRIMINAL BACKGROUND RECORDS OF PLAINTIFF AND DECEDENT

350 UNIVERSITY AVE., SUITE 200
SACRAMENTO, CA 95825
TEL: [phone]
FAX: [phone]

www.porterscott.com

00915239.WPD

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compel the production of the documents, counsel for DOJ has agreed to produce the requested

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documents subject to a stipulated protective order based on Defendants’ representation that the

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sought documents are relevant and that good cause exists to obtain them. In accordance therewith,

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IT IS HEREBY STIPULATED by, among and between counsel of record for Defendants

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and DOJ that the documents described above may be designated as “Confidential” and produced

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subject to the following Protective Order:

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1.

The disclosed documents shall be used solely in connection with the federal civil case

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of Valetta McMurray v. County of Sacramento, et al., Case No. 2:09-CV-02245-GEB-EFB, and in

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the preparation and trial of this case. The parties are not waiving any objections to the admissibility

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of the documents or portions of the documents in future proceedings, including the trial in this

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matter.

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2.

A party producing the documents and materials described above may designate those

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materials by affixing a mark labeling them as “Confidential Material Subject to Protective Order.”

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If any Confidential materials cannot be labeled with the aforementioned marking, those materials

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shall be placed in a sealed envelope or other container that is, in turn, marked Confidential in a

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manner agreed upon by the disclosing and requesting parties.

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3.

Documents or materials designated under this Protective Order as Confidential may

only be disclosed to the following persons:

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a)

Plaintiff Valetta McMurray;

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b)

Counsel for Defendants: Terence J. Cassidy and Kristina M. Hall of Porter

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Scott on behalf of Defendants County of Sacramento, John McGinness,

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Javier Bustamante, V. Candido and L. Culp. Counsel may in turn disclose

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this information to the individual Defendants to the extent reasonably

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necessary to assist their counsel in this litigation, or for this counsel to advise

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them with respect to the litigation.

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“Confidential” information or materials to any other persons without court

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authorization;

Defendants are not to disclose

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2

PORTER * SCOTT
ATTORNEYS

STIPULATED PROTECTIVE ORDER REGARDING
CRIMINAL BACKGROUND RECORDS OF PLAINTIFF AND DECEDENT

350 UNIVERSITY AVE., SUITE 200
SACRAMENTO, CA 95825
TEL: [phone]
FAX: [phone]

www.porterscott.com

00915239.WPD

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c)

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Attorneys, paralegals, clerical and secretarial personnel regularly employed
by counsel;

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d)

Court personnel, including stenographic reporters or videographers engaged

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in proceedings as are necessarily incidental to the preparation for the trial of

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the civil action;

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e)

Any expert or consultant retained in connection with this action;

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f)

The finder of fact at the time of trial, subject to the court’s rulings on in

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limine motions and objections of counsel.
4.

Prior to the disclosure of any Confidential information to any person identified in

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paragraph 3, each such recipient of Confidential information shall be provided with a copy of this

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Protective Order, which he or she shall read. Such person also must consent to be subject to the

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jurisdiction of the United States District Court, Eastern District of California, with respect to any

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proceeding for contempt. Provisions of this Protective Order, insofar as they restrict disclosure and

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use of the material, shall be in effect until further order of the Court. Plaintiff and counsel for

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Defendants shall be responsible for internally tracking the identities of those individuals to whom

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copies of documents marked “Confidential” are given. The parties will advise each other of the

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names and addresses of all individual(s) to whom they wish to provide Confidential documents.

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5.

All documents or materials designated as Confidential pursuant to this Protective

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Order, and all papers or documents containing information or materials designated as Confidential,

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that are filed with the Court for any purpose shall be filed and served under seal pursuant to the

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procedures outlined in Local Rules 140 and 141, with the following statement affixed to the

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document or other information:

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“This envelope is sealed pursuant to order of the Court and contains Confidential

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Information filed in this case by [name of party] and is not to be opened or the

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contents thereof to be displayed or revealed except by order of the Court.”

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6.

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The designation of information as Confidential, as the subsequent production thereof,

is without prejudice to the right of any party to oppose the admissibility of the designated

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PORTER * SCOTT
ATTORNEYS

STIPULATED PROTECTIVE ORDER REGARDING
CRIMINAL BACKGROUND RECORDS OF PLAINTIFF AND DECEDENT

350 UNIVERSITY AVE., SUITE 200
SACRAMENTO, CA 95825
TEL: [phone]
FAX: [phone]

www.porterscott.com

00915239.WPD

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information.
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A party may apply to the Court for an order that information or materials labeled

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Confidential are not, in fact, confidential. Prior to so applying, the party seeking to reclassify

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Confidential Information shall meet and confer with the producing party. Until the matter is

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resolved by the parties or the Court, the information in question shall continue to be treated

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according to its designation under the terms of this Order. The producing party shall have the

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burden of establishing the propriety of the Confidential designation. A party shall not be obligated

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to challenge the propriety of a Confidential designation at the time made, and a failure to do so shall

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not preclude a subsequent challenge thereto.

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8.

Copies of Confidential documents or materials will be handled in the following

manner:

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a)

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The parties shall not copy, duplicate, furnish, disclose, or otherwise divulge
any information contained in these Confidential documents to anyone;

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b)

If, for a justifiable reason, the parties in good faith reasonably believe they

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need an additional copy or copies for preparation of their case, including any

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copies for court filing, they shall notify the other party’s attorney of the

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specific number of copies of documents marked “Confidential” that will be

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reproduced;

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c)

The parties shall maintain Confidential information with a red marking

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labeled, “CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE

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ORDER”;

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d)

If any document, information or material designated as Confidential pursuant

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to this Protective Order is used or disclosed during the course of a deposition,

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that portion of the deposition record reflecting such material shall be stamped

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with the appropriate designation and access shall be limited pursuant to the

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terms fo this Protective Order. The court reporter for the deposition shall

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mark the deposition transcript cover pages and all appropriate pages or

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4

PORTER * SCOTT
ATTORNEYS

STIPULATED PROTECTIVE ORDER REGARDING
CRIMINAL BACKGROUND RECORDS OF PLAINTIFF AND DECEDENT

350 UNIVERSITY AVE., SUITE 200
SACRAMENTO, CA 95825
TEL: [phone]
FAX: [phone]

www.porterscott.com

00915239.WPD

1

exhibits, and each copy thereof, in accordance with paragraph 5 of this

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Protective Order. Only individuals who are authorized by this Protective

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Order to see or receive such material may be present during the discussion

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or disclosure of such material.

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9.

Notwithstanding the provisions of paragraph 3, Confidential information produced

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pursuant to this Protective Order shall not be delivered, exhibited or otherwise disclosed to any

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reporter, writer or employee of any trade publication, newspaper, magazine or other media

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organization.

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Should any information designated Confidential be disclosed, through inadvertence

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or otherwise, to any person not authorized to receive it under this Protective Order, the disclosing

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person(s) shall promptly:

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a)

inform the opposing party or its counsel regarding the recipient(s) and the

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circumstances of the unauthorized disclosure to the relevant producing

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persons(s); and,

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b)

use best efforts to bind the recipient(s) to the terms of this Protective Order.

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No information shall lose its Confidential status because it was disclosed to

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a person not authorized to receive it under this Protective Order.

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At the conclusion of this litigation, all documents or materials, in whatever form they

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may be stored, that have been designated Confidential shall remain Confidential and, if filed with

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the Court, shall remain under seal. All parties shall also ensure that all persons to whom

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Confidential documents were disclosed shall be returned to counsel for the producing party.

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“Conclusion” means a termination of the case following applicable post-trial motions, appeal and/or

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retrial. After the conclusion of this litigation, all Confidential documents received pursuant to the

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provisions of this Protective Order, including all copies made, shall be returned to counsel for

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Defendants for the oversight of destruction.

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5

PORTER * SCOTT
ATTORNEYS

STIPULATED PROTECTIVE ORDER REGARDING
CRIMINAL BACKGROUND RECORDS OF PLAINTIFF AND DECEDENT

350 UNIVERSITY AVE., SUITE 200
SACRAMENTO, CA 95825
TEL: [phone]
FAX: [phone]

www.porterscott.com

00915239.WPD

1

12.

This Protective Order shall remain in full force and effect and shall continue to be

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binding on all parties and affected persons in this case after this litigation terminates, subject to any

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subsequent modifications of this Protective Order for good cause shown by this Court or any Court

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having jurisdiction over an appeal of this action. After this action terminates, any party may seek

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to modify or dissolve this Protective Order for good cause or by the stipulation of the parties.

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13.

The Court shall retain jurisdiction, even after this lawsuit terminates to (a) make such

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amendments, modifications and/or additions to this Protective Order as it may from time to time

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deem appropriate upon good cause shown, and (b) adjudicate any dispute regarding improper use

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or disclosure of confidential material(s).

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14.

No later than 45 days after receiving the notice of the entry of an order, judgment or

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decree terminating this entire action, all persons having received protected information as identified

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herein shall return all Confidential documents or materials to the counsel for Defendants for proper

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destruction.

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Upon receiving the documents from DOJ, counsel for Defendants shall notify

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Plaintiff that counsel is in receipt of said documents and make the documents available to Plaintiff

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for inspection and/or copying.

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Respectfully submitted,
Dated: July 18, 2011

CALIFORNIA ATTORNEY GENERAL’S OFFICE

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By

/s/ Ashante Norton (auth’d 7/18/11)
Ashante Norton
Deputy Attorney General

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PORTER * SCOTT
ATTORNEYS

STIPULATED PROTECTIVE ORDER REGARDING
CRIMINAL BACKGROUND RECORDS OF PLAINTIFF AND DECEDENT

350 UNIVERSITY AVE., SUITE 200
SACRAMENTO, CA 95825
TEL: [phone]
FAX: [phone]

www.porterscott.com

00915239.WPD

1

Dated: July 18, 2011

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By

/s/ Terence J. Cassidy
Terence J. Cassidy
Kristina M. Hall
Attorney for Defendants
COUNTY OF SACRAMENTO, JOHN
McGINNESS, JAVIER BUSTAMANTE, V.
CANDIDO and L. CULP

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IT IS SO ORDERED.
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Dated: July 26, 2011.
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PORTER * SCOTT
ATTORNEYS

STIPULATED PROTECTIVE ORDER REGARDING
CRIMINAL BACKGROUND RECORDS OF PLAINTIFF AND DECEDENT

350 UNIVERSITY AVE., SUITE 200
SACRAMENTO, CA 95825
TEL: [phone]
FAX: [phone]

www.porterscott.com

00915239.WPD