Eaglesmith et al v. Ray et al

Filing 47

STIPULATION and PROTECTIVE ORDER 46 signed by Judge John A. Mendez on 7/28/2011. Any tangible information supplied that qualifies for protection, in written or documentary form, shall be labeled by supplying party as "CONFIDENTIAL". (Marciel, M)

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LOUIS A. LEONE, ESQ. (SBN: 099874)
KATHLEEN DARMAGNAC, ESQ. (SBN: 150843)
BRIAN A. DUUS, ESQ (SBN: 263403)
STUBBS & LEONE
A Professional Corporation
2175 N. California Blvd., Suite 900
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALFORNIA

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JERALD CLINTON (J.C.) EAGLESMITH,
RAMONA EAGLESMITH, EILEEN COX,
and BRUCE BARNES

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Case No.: 2:11-CV-00098-JAM-JFM
STIPULATION FOR PROTECTIVE
ORDER; ORDER

Plaintiffs,
vs.
JEFF RAY, as an individual, SUE
SEGURA, as an individual, and BOARD
OF TRUSTEES OF PLUMAS COUNTY
OFFICE OF EDUCATION/PLUMAS
COUNTY UNIFIED SCHOOL DISTRICT
Defendants.

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IT IS STIPULATED by the parties that the Court may enter the following
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protective order:
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IT IS ORDERED that:
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1.

“Supplying Party” as used herein, means a party or non-party that

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designates information, testimony or items that it produces in documents or in
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responses to discovery, as “Confidential”.
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2.

"CONFIDENTIAL information,” as used herein, means any type or

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classification of information (regardless of how generated, stored or maintained) or
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tangible things that qualify for protection under standards governing any person’s rights
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to privacy under the U.S. Constitution, federal law, California Constitution, Article I,

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Section 1, California state law, and applicable case law, or standards governing the

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disclosure of personnel records.

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3.

With respect to CONFIDENTIAL information, "qualified persons"

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means (i) all counsel of record engaged in the preparation for trial of this proceeding for

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the parties, which term includes partners, associate attorneys, of counsel, paralegals

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and stenographic and clerical employees assisting such counsel, (ii) experts or

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consultants who are assisting counsel in the preparation of this proceeding for trial, or

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analyzing the facts of this matter, (iii) the parties themselves, or in the case where the

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parties are public entities, governing boards, employees and council members of the

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parties who are, in the opinion of counsel of record for the public entities, necessary to

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assist counsel directly in the preparation of this case, and (iv) the Court and the Court

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personnel.

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4.

Any CONFIDENTIAL information supplied in written or

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documentary form shall be labeled by the supplying party (or in the case of records

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produced by third parties, any party) "CONFIDENTIAL." When CONFIDENTIAL

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information is contained or is incorporated in a deposition transcript, arrangements shall

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be made with the reporter to bind the CONFIDENTIAL portions of the transcript

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separately and label it CONFIDENTIAL.

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5.

Prior to trial, any information designated CONFIDENTIAL

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information shall be made available only to qualified persons who shall have read this

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Order and who shall agree to be bound by the terms thereof and who shall agree to

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maintain said information in confidence and not to use or reveal the same to anyone

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other than a qualified person and not to use the same except in connection with the trial

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or preparation for trial of this proceeding, provided that nothing shall prevent disclosure

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beyond the terms of this Order if the supplying party claiming confidentiality consents in

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writing to such disclosure, or the Court so orders. CONFIDENTIAL information shall be

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used only for purposes of preparing for and trying this action and for no other purpose.

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6.

All documents or testimony containing CONFIDENTIAL information

shall be marked "Confidential".
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All documents or testimony containing CONFIDENTIAL information

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and notes or other records regarding the contents thereof shall be maintained in the

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custody of counsel of record for the parties, and no partial or complete copies thereof

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shall be retained by anyone else.

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8.

All documents or testimony containing CONFIDENTIAL information

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which are filed in the action shall be not be filed with the Court maintaining jurisdiction in

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this action, United States District Court for the Eastern District of California, unless and

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until the party seeking to file the CONFIDENTIAL records seeks and obtains an order

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sealing those records in accordance with Local Rule 141. If the Court issues an order

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sealing the records, the party filing CONFIDENTIAL records under seal shall follow all of

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the procedures outlined in Local Rule 141, for the filing and/or lodging of such sealed

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and/or redacted records and the return of the same. If the Court determines the records

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must be filed publicly, the parties will follow the Court’s order.

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9.

Upon final termination of this action, the parties shall assemble and

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return to each supplying person all documentary material or memoranda embodying

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information designated “CONFIDENTIAL”, except that any such documents or copies

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on which any notes or other attorney's work product has been placed by counsel for the

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receiving party may be destroyed rather than returned.

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10.

Upon notice to the supplying party of the intention of counsel for

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another party to disclose information subject to any part of this Order on the public

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record, the supplying party shall within ten (10) days after receiving such notice state

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whether it objects. In the event that objection is made, counsel for the party desiring to

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make disclosure or reclassification and the supplying party shall make a good faith effort

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to resolve the matter. Failing such resolution, the party objecting to disclosure or

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reclassification shall make a motion to sustain the objection on normal notice. Said

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notice shall be filed within twenty (20) days after receipt of the notice of intention to

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reclassify or disclose as described above. The information in controversy shall not be

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disclosed or reclassified prior to trial until the Court enters its order on said motion.

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Nothing in this Order shall be construed to deprive the public or the parties of a public

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trial, or access to records governed by the Public Records Act, (Gov’t Code §§ 6250 -

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6276.48) or the Freedom of Information Act.

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11.

As used herein, the term "information" includes documents of every

kind and all extracts therefrom and summaries thereof.

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12.

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(a) Timing of Challenges. Unless a prompt challenge to a supplying

Challenging Confidentiality Designations:

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party’s confidentiality designation is necessary to avoid foreseeable substantial

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unfairness, unnecessary economic burdens, or a later significant disruption or delay of

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the litigation, a party does not waive its right to challenge a confidentiality designation by

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electing not to mount a challenge promptly after the original designation is disclosed.

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(b) Meet and Confer. A party that elects to initiate a challenge to a

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supplying party’s confidentiality designation must do so in good faith and must begin the

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process by conferring directly (in voice to voice dialogue; other forms of communication

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are not sufficient) with counsel for the supplying party. In conferring, the challenging

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party must explain the basis for its belief that the confidentiality designation was not

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proper and must give the supplying party an opportunity to review the designated

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material, to reconsider the circumstances, and, if no change in designation is offered, to

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explain the basis for the chosen designation. A challenging party may proceed to the

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next stage of the challenge process only if it has engaged in this meet and confer

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process first.

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(c) Judicial Intervention. A party that elects to press a challenge to a

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confidentiality designation after considering the justification offered by the supplying

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party may file and serve a motion that identifies the challenged material and sets forth in

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detail the basis for the challenge. Each such motion must be accompanied by a

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competent declaration that affirms that the moving party has complied with the meet

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and confer requirements imposed in the preceding paragraph and that sets forth with

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specificity the justification for the confidentiality designation that was given by the

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supplying party in the meet and confer dialogue. Each such motion must also comply

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with Local Rule 251. The burden of persuasion in any such challenge proceeding shall

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be on the supplying party. Until the court rules on the challenge, all parties shall

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continue to afford the material in question the level of protection to which it is entitled

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under the supplying party’s designation.

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Dated: July 27, 2011

STUBBS & LEONE

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_____________________________________
LOUIS A. LEONE, ESQ.
KATHLEEN L. DARMAGNAC, ESQ.
BRIAN A. DUUS, ESQ.
Attorneys for Defendants

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Dated: July___, 2011

SIEGEL & YEE

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By__________________________
PETER HABERFELD
Attorneys for Plaintiffs

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ORDER

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IT IS SO ORDERED that the foregoing Protective Order is hereby made

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the express order of the Court.

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Dated: July 28, 2011

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/s/ John A. Mendez_____________
U.S. DISTRICT COURT JUDGE

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