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

Filing 59

STIPULATION AND PROTECTIVE ORDER regarding detainee information signed by Magistrate Judge Dale A. Drozd on 12/21/11. (Matson, R)

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

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This stipulated protective order is entered into between Plaintiffs Jerry
Lum and Dorothea Timmons, on the one hand, and Defendant County of San Joaquin
(the “County”), on the other hand.
RECITALS

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A.

On October 12, 2011, Plaintiffs’ counsel issued a subpoena (the

“Subpoena”) to the Custodian of Records of the San Joaquin County Sheriff’s
Department that requested production of the following:
STIPULATED PROTECTIVE ORDER
REGARDING DETAINEE INFORMATION

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Arrest/booking log identifying all arrestees/inmates booked
at the San Joaquin County Jail’s jail core facility at any time
during the period of July 8 to July 9, 2009; All documents
(handwritten, typewritten and electronic) referring to said
inmates’ names, aliases, housing/cell #s while incarcerated
at the jail core, last known address and telephone number,
date and time of booking and date and time of release.
(Collectively, the “Subpoenaed Information”).
B.

The County objected to the production of the Subpoenaed

Information on various grounds.
C.

Plaintiffs disagree with County’s objections and have threatened to

file a motion seeking compliance with the Subpoena.
D.

Some of the information that is covered by the Subpoena was

published by the County on the Internet at or around the time of the incarcerations.
E.

The parties have met and conferred and are willing to enter into a

compromise under which the County will produce to Plaintiffs certain specific items of
information covered by the Subpoena subject to certain protections, set forth in this
stipulated protective order.

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STIPULATION
IT IS STIPULATED AND AGREED, by the County and Plaintiffs, through
their undersigned counsel of record:
1.

While reserving all objections, the County shall produce to

Plaintiffs the following information (to the extent the County has it) for each detainee
booked into the San Joaquin County Jail’s jail core facility between 11:59 p.m. on July
8, 2009, and 8:08 a.m. on July 9, 2009: name, alias(es), booking number, date of birth,
gender, weight, height, booking date and time, projected release date, arresting
agency, type of arrest, charges, bail (the “Detainee Information”).
2.

Nothing contained in this stipulated protective order shall constitute

a waiver of any objections Defendants may assert in response to Plaintiffs’ request for
Defendants to produce any other documents.

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STIPULATED PROTECTIVE ORDER
REGARDING DETAINEE INFORMATION

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3.

Plaintiffs and their counsel shall use the Detainee Information only

for purposes of this lawsuit and any appeals.
4.

Plaintiffs and their counsel shall maintain the confidentiality of the

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Detainee Information. Neither Plaintiffs nor their counsel shall provide a copy of the

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Detainee Information or any portion of it (whether in paper or electronic form) to anyone

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or disclose the contents of them to anyone.

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5.

Notwithstanding paragraph 4, above, Plaintiffs and their counsel

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may provide a copy of the Detainee Information 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 Detainee Information (or any portion of it) 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.

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6.

Plaintiffs and their counsel shall maintain the Detainee Information

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

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of the Detainee Information. The outside of such folder or container shall be

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conspicuously marked “CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER” and

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shall have a copy of this stipulated protective order affixed to the outside of it in a

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manner designed to provide reasonable notice that the folder or container contains

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confidential records.

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7.

If any of the Detainee Information is marked as an exhibit in a

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

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Information 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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STIPULATED PROTECTIVE ORDER
REGARDING DETAINEE INFORMATION

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If Plaintiffs wish to file any of the Detainee Information with the

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

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

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Local Rule 141.

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9.

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

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their counsel shall return to Defendants’ counsel the Detainee Information and all

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copies (electronic or paper) of them.

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Dated: December 21, 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: December 21, 2011

WALKER, HAMILTON & KOENIG LLP

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By: __/s/ Peter Koenig______________
PETER KOENIG
Attorneys for All Plaintiffs

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ORDER
It is so ordered.
Dated: December 21, 2011

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

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STIPULATED PROTECTIVE ORDER
REGARDING DETAINEE INFORMATION

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