Heilman v. Cherniss et al

Filing 302

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 08/22/19 regarding further production of documents by Cherniss and CDCR; WITHDRAWING 300 Motion to Compel. (See order for further details.) (Plummer, M)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
R. LAWRENCE BRAGG, State Bar No. 119194
Supervising Deputy Attorney General
WILLIAM L. MCCASLIN, State Bar No. 249976
Deputy Attorney General
SARAH M. BRATTIN, State Bar No. 302043
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Lesane and Cherniss

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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THOMAS JOHN HEILMAN,

2:11-cv-00042-JAM-EFB (PC)

v.

Plaintiff, [PROPOSED] STIPULATION AND
ORDER REGARDING FURTHER
PRODUCTION OF DOCUMENTS BY
CHERNISS AND CDCR

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C. CHERNISS, et al.,

Judge:
Honorable Edmund F. Brennan
Trial Date:
February 24, 2020
Defendants. Action Filed: January 5, 2011

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Plaintiff withdraws the pending motion to compel (ECF 300). The parties and CDCR
stipulate to the following agreement.
Documents produced on July 11, 2019, and any subsequent productions relating to the July

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11, 2019 production, pertain to an ongoing personnel investigation involving Defendant Cherniss,

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which is confidential. Plaintiff’s counsel agrees not to contact or depose any persons named in the

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documents, such as witnesses, or those persons involved in the investigatory process—for any

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purpose—until defense counsel notifies Plaintiff’s counsel that the investigation is complete or

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November 12, 2019, whichever is earlier. In exchange, CDCR and Defendants will immediately
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[Proposed] Stipulation and Order Regarding Further Production of Documents (2:11-cv-00042-JAM-EFB (PC))

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produce responsive documents in their possession, custody, or control, and will supplement their

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production as additional responsive documents become available.

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CDCR and Defendants may designate as “CONFIDENTIAL” any information they believe

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qualifies as “Protected Material” as defined in the parties’ stipulated protective order, section

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2.11. (ECF No. 222 at 3:7-8.) The parties must follow the procedures set forth in the parties’

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stipulated protective order, section 12.3, concerning filing of protected documents under seal,

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should they file any of the Protected Material with the Court. (ECF No. 222 at 11:4-13.)

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DATED: August 22, 2019

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
WILLIAM MCCASLIN
Deputy Attorney General
SARAH M. BRATTIN
Deputy Attorney General

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/s/ R. Lawrence Bragg

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R. LAWRENCE BRAGG
Supervising Deputy Attorney General
Attorneys for Defendants C. Cherniss and
L. Lesane

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/s/ Jason R. German
(as authorized on August 20, 2019)
ELIOT D. WILLIAMS (SBN 290780)
[e-mail]
JASON R. GERMAN (SBN 280837)
[e-mail]
JOHN F. GAUSTAD (SBN 279893)
[e-mail]
BAKER BOTTS L.L.P.
1001 Page Mill Road, Suite 200
Palo Alto, California 94304
Telephone: [phone]
Facsimile: 1-650-739-7699
Attorneys for Plaintiff Thomas John Heilman

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[Proposed] Stipulation and Order Regarding Further Production of Documents (2:11-cv-00042-JAM-EFB (PC))

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Pursuant to the stipulation above, it is so ORDERED.

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Dated: August 22, 2019
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____________________________________
EDMUND F. BRENNAN
United States Magistrate Judge

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SA2017306638
14018563.docx

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[Proposed] Stipulation and Order Regarding Further Production of Documents (2:11-cv-00042-JAM-EFB (PC))