James v. Mehta

Filing 127

ORDER signed by Magistrate Judge Dale A. Drozd on 5/20/2013 ISSUING this proctective order and DENYING plaintiff's 125 motion for sanctions. (See Order for Details) (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES CORNELIUS JAMES,
Plaintiff,

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vs.

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No. 2:10-cv-1171 LKK DAD P

DEEPAK MEHTA, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding through counsel. The parties came before

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the court on May 10, 2013, at which time defense counsel Mitchell A. Wrosch agreed to share

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Dr. R. Ranade’s in camera declaration which was filed in support of defendant Dr. Uppal’s

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motion for a protective order, with the other attorneys in this case subject to a protective order.

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Thereafter, confusion has arisen as to whether the court had issued a protective order on the

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record during the hearing. Defense counsel Wrosch has since filed a proposed protective order.

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Counsel for plaintiff has also filed a motion seeking sanctions for defense counsel’s alleged

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failure to timely turn over Dr. R. Ranade’s declaration.
Under these circumstances, and in the interest of justice, the court will issue the

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following protective order and deny plaintiff’s motion for sanctions.

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IT IS HEREBY ORDERED that:

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1. The Declaration of R. Ranade, M.D., dated April 25, 2013, and titled

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“Declaration of R. Ranade, M.D., In Support Of Motion For Emergency Protective Order To

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Prevent The Deposition Of Defendant R. Uppal” (“Ranade Declaration”) is designated as

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confidential and/or proprietary nature as “CONFIDENTIAL—ATTORNEYS’ EYES ONLY”

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(hereinafter “Attorneys’ Eyes Only Material”). Attorneys’ Eyes Only Material, and the

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information contained therein, shall be disclosed only to the Court, and to counsel for the parties

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(including the paralegal, clerical, certified law students, and secretarial staff employed by

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counsel), but shall not be disclosed to a party, unless otherwise agreed or ordered. If disclosure of

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Attorneys’ Eyes Only Material is made, all other provisions in this Order with respect to

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confidentiality shall also apply;

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2. Confidential documents shall be so designated by stamping copies of the

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document produced to a party with the legend “CONFIDENTIAL.” Stamping the legend

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“CONFIDENTIAL” on the cover of any multipage document shall designate all pages of the

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document as confidential, unless otherwise indicated by the producing party;

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3. Material designated as confidential under this Order, the information contained

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therein, and any summaries, copies, abstracts, or other documents derived in whole or in part

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from material designated as confidential (hereinafter “Confidential Material”) shall be used only

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for the purpose of prosecution, defense, or settlement of this action, and for no other purpose;

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4. The Confidential Material produced pursuant to this Order may be disclosed or

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made available only to the Court, or to counsel for a party (including the paralegal, clerical,

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certified law students, and secretarial staff employed by counsel);

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5. If the Declaration of R. Ranade, M.D., dated April 25, 2013, titled

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“Declaration of R. Ranade, M.D., In Support Of Motion For Emergency Protective Order To

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Prevent The Deposition Of Defendant R. Uppal” (“Ranade Declaration”) is included in any

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papers to be filed in Court, such papers shall be labeled “Confidential—Subject to Court Order,”

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and filed under seal;

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6. In the event that the Declaration of R. Ranade, M.D., dated April 25, 2013,

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titled “Declaration of R. Ranade, M.D., In Support Of Motion For Emergency Protective Order

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To Prevent The Deposition Of Defendant R. Uppal” (“Ranade Declaration”) is used in any court

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proceeding in this action, it shall not lose its confidential status through such use, and the party

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using the material shall take all reasonable steps to maintain its confidentiality during such use;

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7. This Order shall be without prejudice to the right of the parties (i) to bring

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before the Court at any time a question of whether any particular document or information is

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confidential or whether its use should be restricted or (ii) to present a motion to the Court under

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FRCP 26(c) for a separate protective order as to any particular document or information,

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including restrictions differing from those as specified herein. This Order shall not be deemed to

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prejudice the parties in any way in any future application for modification of this Order;

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8. This Order is entered solely for the purpose of facilitating the exchange of

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documents and information between the parties to this action without involving the Court

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unnecessarily in the process. Nothing in this Order nor the production of any information or

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document under the terms of this Order nor any proceedings pursuant to this Order shall be

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deemed to have the effect of an admission or a waiver by any party or of altering the

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confidentiality or nonconfidentiality of any such document or information or altering any existing

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obligation of any party or the absence of obligation;

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9. This Order shall survive the final termination of this action, to the extent that

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Declaration of R. Ranade, M.D., dated April 25, 2013, titled “Declaration of R. Ranade, M.D., In

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Support Of Motion For Emergency Protective Order To Prevent The Deposition Of Defendant R.

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Uppal” (“Ranade Declaration”) is not or does not become known to the public, and the Court

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shall retain jurisdiction to resolve any dispute concerning the use of information disclosed under

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this Order;
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10. Upon termination of this case, Plaintiff’s counsel and co-Defense counsel

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shall return the Declaration of R. Ranade, M.D., dated April 25, 2013, titled “Declaration of R.

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Ranade, M.D., In Support Of Motion For Emergency Protective Order To Prevent The

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Deposition Of Defendant R. Uppal” (“Ranade Declaration”) designated as confidential and all

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copies of same, other than papers on file with the Court, or shall certify the destruction thereof;

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11. Notwithstanding the foregoing, counsel shall be permitted to retain a copy of

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each document filed with the Court or served in this proceeding, including correspondence with

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opposing counsel, which copies shall remain subject to the terms of this Order; and
12. Plaintiff’s motion for sanctions (Doc. No. 125) is denied.

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DATED: May 20, 2013.

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