Lum v. County of San Joaquin, et al.,

Filing 43

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 11/18/11. (Meuleman, A)

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DANA A. SUNTAG (State Bar #125127)
ZOEY P. MERRILL (State Bar #268331)
THE SUNTAG LAW FIRM
A PROFESSIONAL CORPORATION
The Kress Building
20 North Sutter Street, Fourth Floor
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]
MATTHEW P. DACEY (State Bar #196943)
OFFICE OF THE COUNTY COUNSEL OF SAN JOAQUIN
Deputy County Counsel
44 North San Joaquin Street, Suite 679
Stockton, California 95202
Telephone: [phone]
Attorneys for All Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERRY LUM, etc., et al.,

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Plaintiffs,

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v.

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COUNTY OF SAN JOAQUIN, et al.,
Defendants.

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STIPULATED PROTECTIVE ORDER

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NO. 2:10-CV-01807-LKK-DAD
STIPULATION AND
PROTECTIVE ORDER

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This stipulated protective order is entered into between Plaintiffs Jerry

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Lum and Dorothea Timmons, on the one hand, and Defendant County of San Joaquin

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(the “County”), on the other hand.
RECITALS

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A.

Plaintiffs have requested the County to produce the County

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Sheriff’s Department training records (the “Training Records”) of Defendants Deputy

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Robert Davis, Sergeant Ray Walters, Sergeant Steven Pease, and Correctional Officer

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Felipe Mendoza, and Mark Hughes (the “Individuals”).

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B.

The County has objected to the production of the Training Records

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based on the Individuals’ rights to privacy as employees, including without limitation

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their peace officer rights pursuant to Pitchess v. Superior Court, 11 Cal.3d 531 (1974)

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and California Evidence Code Sections 1043, 1045, and 1046.

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C.

Plaintiffs assert that the Training Records are relevant and

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discoverable, and, as a compromise, are willing to enter into a protective order to limit

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the use and dissemination of the Training Records.

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STIPULATION

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IT IS STIPULATED AND AGREED, by Plaintiffs and the County, through
their undersigned counsel of record:
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While reserving all objections, the County shall produce the

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Training Records to Plaintiffs’ counsel. Nothing contained in this stipulated protective

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order shall constitute a waiver of any objections Defendants may assert in response to

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Plaintiffs’ request for Defendants to produce any other documents.

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2.

Plaintiffs and their counsel shall use the Training Records only for

purposes of this lawsuit and any appeals.
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Plaintiffs and their counsel shall maintain the confidentiality of the

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Training Records. Neither Plaintiffs nor their counsel shall provide a copy of the

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Training Records or any portion of them (whether in paper or electronic form) to anyone

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or disclose the contents of them to anyone.
STIPULATED PROTECTIVE ORDER

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4.

Notwithstanding paragraph 3, above, Plaintiffs and their counsel

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may provide a copy of the Training Records to any expert witness they retain for

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purposes of testifying in this case or for purposes of providing expert consultation or

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advice to Plaintiffs or their counsel (collectively, “Expert Witness”). If Plaintiffs or their

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counsel provide a copy of the Training Records (or any portion of them) to an Expert

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Witness, they shall, at the same time, provide the Expert Witness with a copy of this

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stipulated protective order and advise the Expert Witness of the contents of it. Plaintiffs’

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counsel shall maintain, through the final conclusion of this lawsuit and any appeals, a

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written record of the date on which each Expert Witness was provided with a copy of

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this stipulated protective order.
5.

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Plaintiffs and their counsel shall maintain the Training Records in a

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folder or other container in a manner designed to preserve the confidential nature of

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the Training Records. The outside of such folder or container shall be conspicuously

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marked “CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER” and shall have a

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copy of this stipulated protective order affixed to the outside of it in a manner designed

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to provide reasonable notice that the folder or container contains confidential records.
6.

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If any of the Training Records are marked as an exhibit in a

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deposition in this case, counsel shall direct the court reporter to place the Training

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Records under seal. In addition, Plaintiffs’ counsel shall provide a copy of this

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stipulated protective order to the court reporter.

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7.

If Plaintiffs wish to file any of the Training Records with the Court

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(e.g., as an exhibit to a motion), they shall do so only after filing a proper motion with

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the Court seeking permission to file the document under seal in compliance with Local

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Rule 141.

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STIPULATED PROTECTIVE ORDER

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8.

At the conclusion of this lawsuit and any appeals, Plaintiffs and

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their counsel shall return to Defendants’ counsel the Training Records and all copies

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(electronic or paper) of them.

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Dated: November 15, 2011

THE SUNTAG LAW FIRM
A Professional Corporation

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By: __/s/ Dana A. Suntag____________
DANA A. SUNTAG
Attorneys for All Defendants

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Dated: November 15, 2011

WALKER, HAMILTON & KOENIG LLP

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By: __/s/ Rana Ansari-Jaberi_________
RANA ANSARI-JABERI
Attorneys for All Plaintiffs

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ORDER

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It is so ordered.
DATED: November 18, 2011

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DDAD1\orders.civil\lum1807.stip.prot.ord.doc

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STIPULATED PROTECTIVE ORDER

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