Knowles v. City of Benicia et al

Filing 109

REVISED STIPULATION REGARDING Confidentiality and for Protective Order regarding psychological testing documents signed by Magistrate Judge Dale A. Drozd on 3/15/11 (Matson, R)

1 2 3 4 5 6 7 8

GREGG A. THORNTON (SBN 146282) DANIELLE K. LEWIS (SBN 218274) JENNIFER L. RUSNAK (SBN 247054) SELMAN BREITMAN LLP 33 New Montgomery, Sixth Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CITY OF BENICIA, Police Chief SANDRA SPAGNOLI, City Manager JIM ERICKSON, Sergeant FRANK HARTIG, Sergeant BOB OETTINGER, Sergeant CHRIS BIDOU, Sergeant SCOTT PRZEKURAT, Officer JOHN McFADDEN, Officer MARK MENESINI, Officer JAMES LAUGHTER, Officer KEVIN ROSE, Officer JASON EAKIN, Officer TED CRIADO and Officer JAKE HEINEMEYER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA PETER KNOWLES, Plaintiff, v. CITY OF BENICIA, Police Chief SANDRA SPAGNOLI, City Manager JIM ERICKSON, Sergeant FRANK HARTIG, Sergeant BOB OETTINGER, Sergeant CHRIS BIDOU, Sergeant SCOTT PRZEKURAT, Officer JOHN McFADDEN, Officer MARK MENESINI, Officer JAMES LAUGHTER, Officer KEVIN ROSE, Officer JASON EAKIN, Officer TED CRIADO, Officer JAKE HEINEMEYER and DOES I through XXX, inclusive, Defendants. CASE NO. 2:09-CV-03470-WBS-DAD

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

ATTO RNEY S AT LAW

REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS; ORDER

IT IS HEREBY STIPULATED by and between plaintiff Peter Knowles, through his counsel of record, and defendants City of 1
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

Benicia, Police Chief Sandra Spagnoli, City Manager Jim Erickson, Sergeant Frank Hartig, Sergeant Bob Oettinger, Sergeant Chris Bidou, Sergeant Scott Przekurat, Officer John McFadden, Officer Mark Menesini, Officer James Laughter, Officer Kevin Rose, Officer Jason Eakin, Officer Ted Criado, and Officer Jake Heinemeyer, through their counsel of record, as follows: 1. Information and Matters Subject to this ORDER. This

stipulation and order (hereafter "ORDER") shall govern certain "CONFIDENTIAL INFORMATION" (as defined hereafter) not specifically addressed by either the July 9, 2010 Protective Order (Docket No. 16) or the February 10, 2011 Protective Order (Docket No. 68) and all information derived therefrom, including, but not limited to, all copies, excerpts or summaries thereof. This stipulation supplements and does not supersede the Protective Orders of July 9, 2010 and February 10, 2011. All

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

ATTO RNEY S AT LAW

references herein to "PARTIES" shall include plaintiff Peter Knowles, and his counsel of record, and defendants City of Benicia, Police Chief Sandra Spagnoli, City Manager Jim Erickson, Sergeant Frank Hartig, Sergeant Bob Oettinger, Sergeant Chris Bidou, Sergeant Scott Przekurat, Officer John McFadden, Officer Mark Menesini, Officer James Laughter, Officer Kevin Rose, Officer Jason Eakin, Officer Ted Criado, and Officer Jake Heinemeyer, and their counsel of record in the above-entitled action. In addition, all references herein to "PSYCHOLOGICAL

EXPERTS" shall include any California licensed psychologist retained as a consultant or expert witness by any PARTY in connection with these proceedings. 2
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

2.

Definitions.

The following definitions shall apply in

the construction and application of this ORDER. a. The term "INFORMATION" means any materials, as defined

by Federal Rule of Evidence 1001, produced by the PARTIES or any person or entity subject to their employ or control in conjunction with this proceeding, specifically including documents prepared, generated or utilized by any PSYCHOLOGICAL EXPERTS retained by the PARTIES relating to any psychological testing or evaluation conducted in connection with these proceedings. b. The term "CONFIDENTIAL" means any INFORMATION designated In addition to the categories

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

as CONFIDENTIAL by the PARTIES.

set forth in the July 9, 2010 Protective Order (Docket No. 16) and the February 10, 2011 Protective Order (Docket No. 68), the following INFORMATION may be so designated: All INFORMATION regarding psychological testing records of PETER KNOWLES generated in connection with this litigation, including documents and test data relating to any consultation or mental examination by any PSYCHOLOGICAL EXPERTS retained by the PARTIES, including the following: i. Copies of answer sheets completed or prepared by

ATTO RNEY S AT LAW

plaintiff in connection with the administration of any psychological testing conducted in connection with these proceedings, including the answer sheet plaintiff completed in connection with MMPI-2 test conducted by Dr. Ronald Roberts in connection with the Independent Mental Examination of plaintiff on February 7, 2011, and any other PSYCHOLOGICAL EXPERT who 3
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

performs any mental examination subject to disclosure or is designated to testify at trial; ii. Copies of any raw test data utilized during or

generated following the administration of any psychological testing conducted in connection with these proceedings, including the computer printouts containing raw test data generated following the administration of the MMPI-2 and Rorschach tests conducted by Dr. Ronald Roberts in connection with the Independent Mental Examination of plaintiff on February 7, 2011, and any other PSYCHOLOGICAL EXPERT who performs any mental examination subject to disclosure or is designated to testify at trial; iii. Any document identifying the scoring system used to interpret any of plaintiff's test answers, such as for the Rorschach test identifying whether the "Exner" scoring system or some other system was used, and identifying the actual Rorschach cards shown to plaintiff in the event that such information is not readily apparent from the materials produced pursuant to subsections i and ii above, so long as such documents do not constitute testing materials for either the MMPI-2 or Rorschach tests, as set forth in paragraph 2.b.iv. below. iv. CONFIDENTIAL INFORMATION as defined herein specifically

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

ATTO RNEY S AT LAW

does not include the testing materials for either the MMPI-2 or Rorschach tests conducted in connection with these proceedings, including, but not limited to, the test materials, booklets, computer programs and other documents that would constitute the testing materials utilized by the PSYCHOLOGICAL EXPERTS in 4
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

connection with the administration of the psychological testing. c. The term "QUALIFIED PERSONS" means (1) the Presiding

Judge and any of his or her staff, (2) any referee appointed by a judge in this matter to preside over any hearings in this matter and any of his or her staff, (3) stenographic reporters engaged in these proceedings as are necessarily incident to the preparation for trial and/or trial of this action, (4) counsel for the PARTIES in this litigation, (5) paralegal, stenographic, clerical, and secretarial personnel employed by counsel for the PARTIES, and (6) PSYCHOLOGICAL EXPERTS retained by the PARTIES in this proceeding to assist such counsel in this proceeding. d. The term "DISCLOSE" or any version thereof means to

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

show, give, make available, or communicate in any fashion to any person any CONFIDENTIAL INFORMATION, information concerning the existence or content of any CONFIDENTIAL INFORMATION, or any copy, portion, version, or summary of any CONFIDENTIAL INFORMATION. 3. Grounds for Protection of CONFIDENTIAL INFORMATION. The

ATTO RNEY S AT LAW

PARTIES acknowledge and recognize the INFORMATION identified as CONFIDENTIAL INFORMATION herein in paragraph 2 is protected by a right of privacy under both state and federal laws. Further, the

PARTIES acknowledge and recognize that the disclosure of INFORMATION identified as CONFIDENTIAL INFORMATION herein is governed by ethical and contractual duties of the PSYCHOLOGICAL EXPERTS who have either prepared, generated or utilized this CONFIDENTIAL INFORMATION, including, but not limited to, Sections 9.04 and 9.11 and of the American Psychological Association 5
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

Ethical Principles of Psychologists and Code of Conduct.

This

ORDER is necessary in order to protect the important privacy interests of the plaintiff, as well as the ethical duties of any PSYCHOLOGICAL EXPERTS with regard to the CONFIDENTIAL INFORMATION by protecting such CONFIDENTIAL INFORMATION from public disclosure and misuse, while meeting the respective concerns of the PARTIES and their PSYCHOLOGICAL EXPERTS and permitting the PARTIES to expedite discovery. 4. Use of CONFIDENTIAL INFORMATION. The particular types

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

of CONFIDENTIAL INFORMATION defined above in section 2(b)(i)-(iv) herein shall be subject to the following conditions: a. Such CONFIDENTIAL INFORMATION shall be used solely for

professional purposes by counsel for the PARTIES and their PSYCHOLOGICAL EXPERTS in connection with, and only as necessary to, this action and the preparation and trial of this action, or any related proceeding, including, but not limited to, appeal or writ, and not for any other purpose, including, without limitation, any civil, criminal, administrative, or personal purpose or function; b. Such CONFIDENTIAL INFORMATION shall not be DISCLOSED to

ATTO RNEY S AT LAW

anyone other than counsel for the PARTIES and their PSYCHOLOGICAL EXPERTS, as well as other QUALIFIED PERSONS as necessary an in accordance with this ORDER; and c. Such CONFIDENTIAL INFORMATION, including any copies or

summaries thereof, shall be returned to the PSYCHOLOGICAL EXPERTS from whom production originated at the conclusion of this litigation. 6
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

Control and distribution of all CONFIDENTIAL INFORMATION shall be the responsibility of the attorneys of record. provisions of this ORDER, insofar as they restrict the communication and use of CONFIDENTIAL INFORMATION produced hereunder, copies or summaries thereof, or information obtained therefrom, shall continue to be binding after the conclusion of this action. 5. Designation of INFORMATION as CONFIDENTIAL. In the The

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

preparation for any trial of this proceeding, and any appeal or writ taken herein, CONFIDENTIAL INFORMATION shall be designated in the following manner: a. INFORMATION subject to this ORDER shall be designated,

whenever possible prior to production, by placing or affixing on each page of such material in a manner that will not interfere with its legibility the words "CONFIDENTIAL," or by the designation of categories of documents as "CONFIDENTIAL." such designation is not possible prior to production, the designation must be made by the producing party within twenty (20) days after disclosure. The INFORMATION shall be treated as Within such If

ATTO RNEY S AT LAW

CONFIDENTIAL until the twenty (20) days has elapsed.

twenty (20)-day period, the disclosing party must notify all PARTIES in writing of the precise INFORMATION sought to be designated as CONFIDENTIAL. Absent such notice, the INFORMATION

cannot be treated as CONFIDENTIAL. 6. DISCLOSURE of CONFIDENTIAL INFORMATION. Each

individual, other than counsel whose law firms are actual signatories to this ORDER, to whom the particular types of 7
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

CONFIDENTIAL INFORMATION defined about in Section (b)(i)-(iv) is furnished, shown, or DISCLOSED, shall, prior to the time s/he receives access to such materials, be provided by counsel furnishing her/him such material a copy of this ORDER and agree to be bound by its terms, and shall certify that s/he has carefully read the ORDER and fully understands its terms. person must also consent to be subject to the personal jurisdiction of the United States District Court, Eastern District of California, with respect to any proceeding relating to enforcement of this ORDER, including any proceeding relating to contempt of court. attached hereto. The certificate shall be in the form Such

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

Counsel making DISCLOSURE to any person as

described herein shall retain the original executed copy of such certificate until final termination of this case. a. DISCLOSURE During Depositions. In the event that

ATTO RNEY S AT LAW

CONFIDENTIAL INFORMATION is DISCLOSED, revealed, utilized, examined or referred to during depositions, then only QUALIFIED PERSONS, the deponent, and the court reporter shall be present. If CONFIDENTIAL INFORMATION is made exhibits to, or if CONFIDENTIAL INFORMATION is the subject of examination during, a deposition, then arrangements will be made with the court reporter to separately bind those exhibits and those portions of the transcript containing CONFIDENTIAL INFORMATION, and each page on which such CONFIDENTIAL INFORMATION appears shall be stamped with the word "CONFIDENTIAL." Those exhibits and transcript

portions shall be placed in a sealed envelope or other appropriate sealed container on which shall be endorsed "Knowles 8
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

v. City of Benicia, et al., Confidential Pursuant to Order in Case No. 2:09-CV-03470-WBS-DAD," and a statement substantially in the following form: "THIS ENVELOPE IS SEALED PURSUANT TO STIPULATED PROTECTIVE ORDER OF COURT, IN "Knowles v. City of Benicia, et al., UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA, CASE NO. 2:09-CV-03470-WBS-DAD, AND CONTAINS CONFIDENTIAL DOCUMENTS PRODUCED OR GENERATED BY PARTIES TO THE PROCEEDING. IT IS NOT TO

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

BE OPENED, OR THE CONTENTS THEREOF TO BE DISCLOSED, EXCEPT TO QUALIFIED PERSONS AS DEFINED BY SAID ORDER." Each court reporter participating in any deposition involving CONFIDENTIAL INFORMATION shall be informed of and provided with a copy of this ORDER and exhibit hereto and shall be requested to sign a copy of said exhibit. Furthermore, each

ATTO RNEY S AT LAW

court reporter participating in any deposition involving CONFIDENTIAL INFORMATION shall show a copy of this ORDER to any other person participating in the preparation of any deposition transcript and shall have such person sign a copy of said exhibit. b. Papers Filed in Court. If any PARTY wishes to file any

document containing CONFIDENTIAL INFORMATION with the court, that PARTY shall file and serve a motion requesting an order authorizing the filing of such documents under seal, or an order authorizing the redaction of CONFIDENTIAL INFORMATION from the documents. The motion shall be filed and served in accordance

with Local Rules 140 and 141 and all documents requested to be filed under seal shall be submitted to the Court in accordance 9
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

with Local Rule 141(b).

Upon the Court's Order granting a motion

to file CONFIDENTIAL INFORMATION under seal, all documents that the Court Orders to be filed under seal shall be submitted to the Court in accordance with Local Rule 141(e)(2). In the event that the Court denies any PARTY's motion requesting an order authorizing the filing of documents containing CONFIDENTIAL INFORMATION under seal or in redacted form, such CONFIDENTIAL INFORMATION shall not be filed with the Court, but shall instead be returned to the moving party. c. DISCLOSURE to Experts. In case of any DISCLOSURE to an

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

PSYCHOLOGICAL EXPERT retained by any PARTY, counsel for the disclosing party shall make reasonable efforts to ensure that the CONFIDENTIAL INFORMATION DISCLOSED is not disseminated in any form to anyone by such expert, consultant, or other QUALIFIED PERSON and that said CONFIDENTIAL INFORMATION and any copies or summaries thereof are returned in their entirety to the disclosing party after they are no longer needed in this action. 7. DISCLOSURE of CONFIDENTIAL INFORMATION to Other Than In the event that any party desires

ATTO RNEY S AT LAW

QUALIFIED PERSONS.

CONFIDENTIAL INFORMATION to be DISCLOSED, discussed, or made available to any person other than QUALIFIED PERSONS, such party shall submit to opposing counsel a written statement specifically identifying the CONFIDENTIAL INFORMATION to be DISCLOSED and the name, title, and business relationship of the persons with whom they wish to communicate. Counsel for the opposing party shall

have fifteen (15) calendar days from the date notice was served to object to the DISCLOSURE to any person identified in the 10
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

notice.

If the PARTIES are unable to agree on the terms and

conditions of the requested DISCLOSURE, the PARTY seeking disclosure may file and serve on opposing counsel a notice of motion and motion for authority to make such DISCLOSURE. Such

motion shall be filed and served pursuant to Local Rule 251. a. Unless opposing counsel responds timely in writing to

the fifteen (15)-day notification provided for above, the persons named in the notice shall, subject to the terms and conditions of this ORDER, be entitled to receive only that CONFIDENTIAL INFORMATION specified in this notice. 8. DISCLOSURE to Author or Addressee. Nothing in this

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

ORDER shall preclude the DISCLOSURE of CONFIDENTIAL INFORMATION to any person who authored, prepared, was an addressee of, received a copy of, or participated in the preparation of such CONFIDENTIAL INFORMATION. 9. Objections To Designation. Should any party to whom

ATTO RNEY S AT LAW

CONFIDENTIAL INFORMATION is disclosed object to classification of such materials, and should the PARTIES be unable to resolve the objection informally, then the objecting party ("the moving party") shall have the burden of moving forward and may move, at any time upon proper notice, for an order determining whether or not the materials are properly designated. Until a motion is

filed and resolved by the Court, all materials designated CONFIDENTIAL INFORMATION shall be treated as CONFIDENTIAL. In

the event such a motion is made, the party opposing the motion (the "opposing party") shall have the burden of providing and establishing that the INFORMATION is protected as privileged 11
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

within the meaning of and under applicable federal laws and the laws of the State of California. This burden, imposed on the

opposing party, shall include, but shall not be limited to, the burden imposed on any party seeking a protective ORDER. 10. Objections To Production. Nothing in this ORDER shall

be deemed to limit or waive any right of any party to object to discovery with respect to any INFORMATION which may be claimed to be outside the scope of discovery for any reason, privileged, or otherwise protected or protectable under applicable federal laws and the laws of the State of California 11. Further Protection. Nothing contained in this ORDER

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

shall be deemed to preclude any party at any time (a) from seeking and obtaining from the opposing party or the Court, on appropriate showing, a further protective ORDER relating to CONFIDENTIAL INFORMATION or relating to any discovery in this case, (b) to apply to the Court for an ORDER requiring the removal of the CONFIDENTIAL designation from any document pursuant to Paragraph 4 above; and (c) to apply to the Court for any relief from a provision of this Stipulation and ORDER, upon good cause shown. Nothing in this ORDER shall be construed as

ATTO RNEY S AT LAW

preventing any party from making application to the Court for revision of the terms of this ORDER. 12. Contempt. Upon any violation of the provisions set

forth in this ORDER, the PARTY asserting the violation may file and serve an appropriate motion seeking an order holding the violating PARTY either in contempt of this Court or in violation of this ORDER. 12
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

13. a.

General Provisions. This ORDER is the result of negotiations by attorneys

for the PARTIES and shall not be construed against any party or signatory to this ORDER because that PARTY or their counsel may have drafted this ORDER in whole or in part. This ORDER shall be

construed and interpreted fairly in accordance with its purpose and plain meaning. b. This ORDER shall continue to be binding after the

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

conclusion of this litigation, except that a party may seek written permission from the opposing PARTIES or further ORDER of the Court with respect to dissolution or modification of this ORDER. c. Within thirty (30) days after the conclusion of this

case, any and all original, copy, portion, version, or summary of any CONFIDENTIAL INFORMATION materials in the possession, control, and/or custody of any QUALIFIED PERSON shall be returned. Counsel of record for a PARTY returning CONFIDENTIAL

ATTO RNEY S AT LAW

INFORMATION shall verify by declaration under oath that all such INFORMATION has been returned and that it has not retained any such INFORMATION or derivatives therefrom. Counsel may retain

copies of briefs filed with the Court and work product so long as it is maintained in accordance with this ORDER. d. Disclosure of CONFIDENTIAL INFORMATION shall not

constitute a waiver of the attorney-client privilege, workproduct doctrine, or any other applicable rights or privilege. e. Notices pursuant to this ORDER shall be sent to the

attorneys for the PARTIES listed on the signature page of this 13
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

ORDER unless notified in writing of a change. f. This ORDER shall not constitute an admission by any of

the PARTIES that INFORMATION identified as CONFIDENTIAL is in fact confidential or the subject of entitlement thereto. This

ORDER is entered into solely to expedite discovery and meet the respective concerns of the PARTIES. This ORDER not be considered

an admission of validity to any claim of confidentiality hereunder except as is necessary to enforce the terms of the ORDER as provided herein. g. The Court's jurisdiction to enforce the terms of this

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

order shall extend until six months after the final termination of this action. The above is stipulated to by the respective counsel for the PARTIES as follows:

ATTO RNEY S AT LAW

DATED: March 9, 2011

ROSEN, BIEN & GALVAN, LLP

By: /s/ Ernest Galvan (as authorized on March 9, 2011) _________________ ERNEST GALVAN Attorneys for Plaintiff, PETER KNOWLES

14
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

DATED: March 9, 2011

SELMAN BREITMAN LLP

By:

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

/s/ Jennifer L. Rusnak __________ GREGG A. THORNTON DANIELLE K. LEWIS JENNIFER L. RUSNAK Attorneys for Defendants CITY OF BENICIA, Police Chief SANDRA SPAGNOLI, City Manager JIM ERICKSON, Sergeant FRANK HARTIG, Sergeant BOB OETTINGER, Sergeant CHRIS BIDOU, Sergeant SCOTT PRZEKURAT, Officer JOHN MCFADDEN, Officer MARK MENESINI, Officer JAMES LAUGHTER, Officer KEVIN ROSE, Officer JASON EAKIN, Officer TED CRIADO and Officer JAKE HEINEMEYER

ATTO RNEY S AT LAW

15
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 16
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

ATTO RNEY S AT LAW

EXHIBIT A

217500.1 555.28280

30

1 2 3 4 5 6 7 8

Gregg A. Thornton (SBN 146282) JENNIFER L. RUSNAK (SBN 247054) SELMAN BREITMAN LLP 33 New Montgomery, Sixth Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CITY OF BENICIA, Police Chief SANDRA SPAGNOLI, City Manager JIM ERICKSON, Sergeant FRANK HARTIG, Sergeant BOB OETTINGER, Sergeant CHRIS BIDOU, Sergeant SCOTT PRZEKURAT, Officer JOHN McFADDEN, Officer MARK MENESINI, Officer JAMES LAUGHTER, Officer KEVIN ROSE, Officer JASON EAKIN, Officer TED CRIADO and Officer JAKE HEINEMEYER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA PETER KNOWLES, Plaintiff, v. CITY OF BENICIA, Police Chief SANDRA SPAGNOLI, City Manager JIM ERICKSON, Sergeant FRANK HARTIG, Sergeant BOB OETTINGER, Sergeant CHRIS BIDOU, Sergeant SCOTT PRZEKURAT, Officer JOHN McFADDEN, Officer MARK MENESINI, Officer JAMES LAUGHTER, Officer KEVIN ROSE, Officer JASON EAKIN, Officer TED CRIADO, Officer JAKE HEINEMEYER and DOES I through XXX, inclusive, Defendants. CASE NO. 2:09-CV-03470-WBS-DAD

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

ATTO RNEY S AT LAW

NON-DISCLOSURE AGREEMENT RELATING TO STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER

I, _________________________, declare as follows: 1. My address and telephone number is 17
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7 8

________________________________________________________________. 2. I have received a copy of the Stipulation Regarding

Confidentiality and for Protective Order and Protective Order (hereinafter the "ORDER") filed in the above-entitled action. 3. ORDER. 5. 6. I hereby agree to be bound by the terms of the ORDER. During the pendency and after final resolution of this I have carefully read and understand the terms of the

Selman Breitman

9 10 LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

case, I will hold in confidence and not disclose to anyone not qualified under the terms of the ORDER any confidential writings, documents, things, information, or discovery disclosed to me. 7. I agree to be subject to the personal jurisdiction of

the United States District Court, Eastern District of California, with regard to any proceeding relating to the enforcement of the ORDER. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed this ____ day of __________ (month), ______ (year), at __________________ (city), California.

ATTO RNEY S AT LAW

DATED: __________________

______________________________

18
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

30

1 2 3 4 5 6 7
DEAC_Signature-END:

ORDER IT IS SO ORDERED. Date: 3/15/2011

8

Selman Breitman

9
Ddad1\orders.civil\knowles3470.stipprotord.psychtestingdocs.rev

10 LLP 11
33hep3

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 19
REVISED STIPULATION REGARDING CONFIDENTIALITY AND FOR PROTECTIVE ORDER REGARDING PSYCHOLOGICAL TESTING DOCUMENTS 2:09-CV-03470-WBS-DAD

217500.1 555.28280

ATTO RNEY S AT LAW

30