Knowles v. City of Benicia et al

Filing 115

STIPULATED PROTECTIVE ORDER re personal financial information signed by Magistrate Judge Dale A. Drozd on 3/23/2011. (Zignago, K.)

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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

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STIPULATION REGARDING CONFIDENTIALITY AND STIPULATED PROTECTIVE ORDER REGARDING PERSONAL FINANCIAL INFORMATION

IT IS HEREBY STIPULATED by and between plaintiff Peter Knowles, through his counsel of record, and defendants City of 1
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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 all "CONFIDENTIAL INFORMATION" (as defined hereafter) and all information derived therefrom, including, but not limited to, all copies, excerpts or summaries thereof. All references herein to

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"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. 2. Definitions. The following definitions shall apply in

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

by Federal Rule of Evidence 1001, or materials produced by the PARTIES or any person or entity subject to their employ or control in conjunction with this proceeding, including, but not limited to, financial information of any defendant produced (1) in response to interrogatories under Federal Rule of Civil 2
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Procedure 33, (2) in documents produced pursuant to requests under Federal Rule of Civil Procedure 34, (3) in documents produced pursuant to subpoena, (4) in documents produced voluntarily or in response to informal request, and (5) in answers to deposition questions set forth in deposition transcripts. b. The term "CONFIDENTIAL" means any INFORMATION designated Only the following INFORMATION

as CONFIDENTIAL by the PARTIES. may be so designated:

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All INFORMATION regarding the financial

condition of any individual defendant named in these proceedings, including but not limited to INFORMATION regarding any income, investments, person property, real property, bank accounts, retirement accounts, securities, debts, and any other assets or liabilities. c. The term "QUALIFIED PERSONS" means (1) the presiding

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District Court Judge and any of his or her staff, (2) the presiding Magistrate Judge and any of his or her staff, (3) any referee appointed by a judge in this matter to preside over any hearings in this matter and any of his or her staff, (4) a jury empanelled for trial, (5) stenographic reporters engaged in these proceedings as are necessarily incident to the preparation for trial and/or trial of this action, (6) counsel for the PARTIES in this litigation, (7) paralegal, stenographic, clerical, and secretarial personnel employed by counsel for the PARTIES, (8) the PARTIES to these proceedings, including their officers, directors, agents, and employees, and (9) any person employed by counsel for the PARTIES in this proceeding to assist such counsel 3
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in this proceeding, such as experts or other consultants. d. The term "DISCLOSE" or any version thereof means to

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

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

is necessary in order to protect the important privacy interests of the PARTIES with regard to the CONFIDENTIAL INFORMATION by protecting such CONFIDENTIAL INFORMATION from public disclosure and meet the respective concerns of the PARTIES while permitting the PARTIES to expedite discovery. 4. Use of CONFIDENTIAL INFORMATION. CONFIDENTIAL

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INFORMATION shall be used solely 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. CONFIDENTIAL INFORMATION shall not be Control and

DISCLOSED except in accordance with this ORDER.

distribution of all CONFIDENTIAL INFORMATION shall be the responsibility of the attorneys of record and the PARTIES. provisions of this ORDER, insofar as they restrict the 4
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The

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communication and use of CONFIDENTIAL INFORMATION produced hereunder, copies of summaries thereof, or information obtained therefrom, shall continue to be binding after the conclusion of this action. a. CONFIDENTIAL INFORMATION shall not be DISCLOSED to

anyone other than counsel for the PARTIES, or the presiding District Court Judge and/or Magistrate Judge and any of his or her staff as necessary in connection with any relevant discovery motion, until such time as there has been an ultimate finding by the trier of fact that (1) the individual defendant is liable to plaintiff in that defendant's individual capacity, and (2) that the plaintiff is entitled to an award of punitive damages against that defendant based upon appropriate findings concerning the individual defendant's conduct. b. Once there has been an ultimate finding by the trier of

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fact that (1) the individual defendant is liable to plaintiff in that defendant's individual capacity, and (2) that the plaintiff is entitled to an award of punitive damages against that defendant based upon appropriate findings concerning the individual defendant's conduct, the CONFIDENTIAL INFORMATION may be disclosed to other QUALIFIED PERSONS in accordance with this ORDER and may be disclosed to the trier of fact in such manner as the Court directs. 5. Designation of INFORMATION as CONFIDENTIAL. In the

preparation for any trial of this proceeding, and any appeal or writ taken herein, CONFIDENTIAL INFORMATION shall be designated in the following manner: 5
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a.

INFORMATION shall be designated as CONFIDENTIAL only

after a bona fide and good faith determination by the producing party that the material contains CONFIDENTIAL INFORMATION as defined herein, the DISCLOSURE and use of which would be detrimental to or invade the privacy of the producing party. b. Any information sought to be protected is properly

subject to protection under FRCP Rule 26(c), and PARTIES and counsel shall not designate any discovery material CONFIDENTIAL without first making a good faith determination that protection is warranted. c. Any party seeking protection under FRCP Rule 26(c) has

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the burden of proof to show that such protection is warranted. d. The designation of INFORMATION as CONFIDENTIAL shall be

made, 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

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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 6
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signatories to this ORDER, to whom CONFIDENTIAL INFORMATION 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

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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

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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 7
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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

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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

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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 8
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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

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expert, consultant, or other QUALIFIED PERSON under paragraph 2(c) above, 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

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QUALIFIED PERSONS.

CONFIDENTIAL INFORMATION to be DISCLOSED, discussed, or made available to any person other than a QUALIFIED PERSON, 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 9
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to object to the DISCLOSURE to any person identified in the 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

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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

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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 10
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establishing that the INFORMATION is protected as privileged 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

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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

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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 11
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of this ORDER. 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

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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

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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

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 12
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attorneys for the PARTIES listed on the signature page of this 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

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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:

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DATED: March 23, 2011

ROSEN, BIEN & GALVAN, LLP By: /s/ Sanford Jay Rosen (as authorized on March 23, 2011) ___ SANFORD JAY ROSEN ERNEST GALVAN LESLIE C. MEHTA Attorneys for Plaintiff, PETER KNOWLES

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DATED: March 23, 2011

SELMAN BREITMAN LLP By: /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

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EXHIBIT A

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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

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

I, _________________________, declare as follows: / / / 16
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1.

My address and telephone number is

________________________________________________________________. 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. 4. 5. 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

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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. 6. 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.

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DATED: __________________

______________________________

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DEAC_Signature-END:

ORDER IT IS SO ORDERED. Date: 3/23/2011

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Ddad1\orders.civil\knowles3470.stipprotord.financials

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