Biscotti et al v. City of Yuba et al
Filing
14
STIPULATION AND PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 12/20/12. (Meuleman, A)
5
BRUCE A. KILDAY, ESQ., SBN 066415
Email: bkilday@akk-law.com
CARRIE A. FREDERICKSON, ESQ., SBN 245199
Email: cfrederickson@akk-law.com
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
6
Telephone: (916) 564-6100
1
2
3
4
7
Telecopier: (916) 564-6263
Attorneys for Defendants
8
9
10
UNITED STATES DISTRICT COURT
11
EASTERN DISTRICT OF CALIFORNIA
12
MATTHEW BISCOTTI, et al.,
13
Plaintiffs,
14
vs.
15
16
CITY OF YUBA CITY, et al.,
17
Defendants.
18
19
) Case No.: 2:11-CV-01347-JAM-EFB
)
) STIPULATION AND ORDER
)
)
)
)
)
)
)
This Protective Order (hereinafter “ORDER”) is entered into by and between Plaintiffs
20
21
22
and Defendants in this matter, through their counsel of record, as follows:
1.
Information and Matters Subject to this ORDER. This stipulation and order shall
23
govern all “CONFIDENTIAL” information (as defined hereafter) and all information derived
24
therefrom, including, but not limited to, all copies, excerpts or summaries thereof.
25
26
27
28
2.
The
term
“CONFIDENTIAL”
means
any
information
designated
as
CONFIDENTIAL by the parties. Only the following information may be so designated:
A.
All documents in and information regarding personnel records,
employment files, performance evaluations, physical/mental evaluations, disciplinary action,
1
STIPULATION AND ORDER
1
citizen complaints, internal affairs investigations, and all other employment-related writings
2
regarding any employee of the City of Yuba City produced in this action. Defendants will not
3
disclose confidential personal information, including but not limited to the home address, bank
4
account number(s), Social Security number, credit card number(s), driver’s license number,
5
home phone number, or other such personal, financial, or medical information of any employee
6
of the City of Yuba City, and before producing such will redact this information as necessary;
7
8
9
B.
All information in or regarding policies, procedures, manuals, training
manuals or curriculum and other documents regarding personnel practices and training practices
of the City of Yuba City produced in this action.
10
3.
Confidential information may be disclosed only to the following persons:
11
A.
13
Counsel of record, parties, and third party administrators;
B.
12
Paralegal, stenographic, clerical and secretarial personnel employed by
counsel of record;
14
C.
15
Court personnel, stenographic reporters, and videographers engaged in
16
such proceedings that are incidental to preparation for the trial in this
17
action;
D.
18
Any outside expert or consultant retained by the parties for purposes of
this litigation, and;
19
E.
20
Witnesses to whom CONFIDENTIAL information may be disclosed
21
during a deposition taken in this matter or otherwise during the
22
preparation for trial and during trial, provided that the witness shall be
23
informed of and shall agree to be bound by the terms of this order.
24
25
26
27
28
4.
Any information sought to be protected is properly subject to protection under
FRCP Rule 26(c), and the parties and counsel shall not designate any discovery material
CONFIDENTIAL without first making a good faith determination that protection is warranted.
Any party seeking protection under FRCP Rule 26(c) has the burden of proof to show that such
protection is warranted.
2
STIPULATION AND ORDER
1
5.
The designation of information as CONFIDENTIAL shall be made, whenever
2
possible prior to production, by placing or affixing on each page of such material in a manner
3
that will not interfere with its legibility the words “CONFIDENTIAL,” or by the designation of
4
categories of documents as “CONFIDENTIAL.” If such designation is not possible prior to
5
production, the designation must be made by the producing party within thirty (30) days after
6
disclosure or within thirty (30) days after the parties have signed this agreement, whichever is
7
8
9
later. The information shall be treated as CONFIDENTIAL until the thirty (30) days has
elapsed. Within such thirty (30)-day period, the disclosing party must notify all PARTIES in
writing of the precise information sought to be designated as CONFIDENTIAL. In the event of
10
a mistake or inadvertent disclosure is discovered post-production, a subsequent designation of
11
12
13
14
CONFIDENTIAL shall be deemed effective as of the date of the notice.
6.
If any party believes any designation of a document as CONFIDENTIAL is
inappropriate, the parties will meet and confer and attempt to resolve the issue on an expedited
15
basis. If the parties are unable to mutually agree on a resolution, the parties will submit the
16
documents to the magistrate judge under seal to determine whether and to what extent such
17
information should be deemed CONFIDENTIAL. Additionally, the parties will provide the
18
Court with a joint statement containing a challenge to the designation and the opposing party’s
19
justification for the designation.
20
7.
Disclosure of CONFIDENTIAL information.
Each individual, other than
21
counsel whose law firms are actual signatories to this ORDER, to whom CONFIDENTIAL
22
information is furnished, shown, or disclosed, shall, prior to the time s/he receives access to such
23
materials, be provided by counsel furnishing her/him such material a copy of this ORDER and
24
agree to be bound by its terms, and shall certify that s/he has carefully read the ORDER and
25
fully understands its terms.
26
27
28
Such person must also consent to be subject to the personal
jurisdiction of the United States District Court, Eastern District of California, with respect to any
proceeding relating to enforcement of this ORDER, including any proceeding relating to
contempt of court. The certificate shall be in the form attached hereto as Appendix A. Counsel
3
STIPULATION AND ORDER
1
making disclosure to any person as described herein shall retain the original executed copy of
2
such certificate until final termination of this case.
3
A.
Disclosure during Depositions.
In the event that CONFIDENTIAL
4
information is disclosed, revealed, utilized, examined or referred to during depositions, then only
5
persons permitted to receive such information by this ORDER, the deponent, and the court
6
reporter shall be present during the disclosure. If CONFIDENTIAL information is made
7
8
9
exhibits to, or if CONFIDENTIAL information is the subject of examination during, a
deposition, then arrangements will be made with the court reporter to separately bind those
exhibits and those portions of the transcript containing CONFIDENTIAL information, and each
10
page on which such CONFIDENTIAL information appears shall be stamped with the word
11
12
13
14
15
“CONFIDENTIAL.”
Those exhibits and transcript portions shall be placed in a sealed
envelope or other appropriate sealed container on which shall be endorsed “Biscotti v. City of
Yuba City, et al., Confidential Pursuant to Order in Case No. 2:11-CV-01347-JAM-EFB” and a
statement substantially in the following form:
16
“THIS ENVELOPE IS SEALED PURSUANT TO STIPULATED PROTECTIVE
17
ORDER OF COURT, IN “Biscotti v. City of Yuba City, et al., UNITED STATES DISTRICT
18
COURT, EASTERN DISTRICT OF CALIFORNIA, CASE NO. 2:11-CV-01347-JAM-EFB,
19
AND CONTAINS CONFIDENTIAL DOCUMENTS PRODUCED OR GENERATED BY
20
PARTIES TO THE PROCEEDING. IT IS NOT TO BE OPENED, OR THE CONTENTS
21
THEREOF TO BE DISCLOSED, EXCEPT TO QUALIFIED PERSONS AS DEFINED BY
22
SAID ORDER.”
23
24
Each court reporter participating in any deposition involving CONFIDENTIAL
information shall be informed of and provided with a copy of this ORDER and the appendix
25
26
27
hereto and shall be requested to sign a copy of said appendix. Furthermore, each court reporter
participating in any deposition involving CONFIDENTIAL information shall show a copy of
28
4
STIPULATION AND ORDER
1
this ORDER to any other person participating in the preparation of any deposition transcript
2
and shall have such person sign a copy of said appendix.
3
B.
Papers Filed in Court. If any party wishes to file any document containing
4
CONFIDENTIAL information with the court, that party shall file and serve a motion requesting
5
6
7
8
an order authorizing the filing of such documents under seal, or an order authorizing the
redaction of CONFIDENTIAL information from the documents. The motion shall be filed and
served in accordance with Local Rules 140 and/or 141. Upon the Court’s Order granting a
9
motion to file CONFIDENTIAL information under seal or to file redacted information, all
10
documents shall be filed or submitted to the Court in accordance with Local Rules 140 and/or
11
141.
12
C.
Disclosure to Experts. In case of any disclosure to an expert, consultant,
13
or other qualified person under paragraph 3 above, the disclosing party shall make reasonable
14
efforts to ensure that the CONFIDENTIAL information disclosed is not disseminated in any
15
form to anyone by such expert, consultant, or other qualified person and that said
16
CONFIDENTIAL information and any copies or summaries thereof are returned in their
17
entirety to the disclosing party after they are no longer needed in this action.
18
D.
Disclosure of CONFIDENTIAL information to non-qualified persons. In
19
the event that any party desires CONFIDENTIAL information to be disclosed, discussed, or
20
made available to any person other than a qualified person listed in paragraph 3, such party shall
21
22
23
submit to opposing counsel a written statement specifically identifying the CONFIDENTIAL
information to be disclosed and the name, title, and business relationship of the persons with
whom they wish to communicate.
Counsel for the opposing party shall have fifteen (15)
24
calendar days from the date notice was served to object to the disclosure to any person identified
25
26
27
28
in the notice. If the parties are unable to agree on the terms and conditions of the requested
disclosure, the party seeking disclosure may file and serve on opposing counsel a notice of
motion and motion for authority to make such disclosure. Such motion shall be filed and served
pursuant to Local Rule 230. Unless opposing counsel responds timely in writing to the fifteen
5
STIPULATION AND ORDER
1
(15) day notification provided for above, the persons named in the notice shall, subject to the
2
terms and conditions of this ORDER, be entitled to receive only that CONFIDENTIAL
3
information specified in this notice.
4
E.
Disclosure to Author or Addressee. Nothing in this ORDER shall preclude the
5
disclosure of CONFIDENTIAL information to any person who authored, prepared, was an
6
addressee of, received a copy of, or participated in the preparation of such CONFIDENTIAL
7
8
9
information.
8.
Further Protection.
Nothing contained in this ORDER shall be deemed to
preclude any party at any time (a) from seeking and obtaining from the opposing party or the
10
Court, on appropriate showing, a further protective ORDER relating to CONFIDENTIAL
11
12
13
14
information or relating to any discovery in this case, (b) to apply to the Court for an ORDER
requiring the removal of the CONFIDENTIAL designation from any document pursuant to
Paragraph 6 above; and (c) to apply to the Court for any relief from a provision of this
15
Stipulation and ORDER, upon good cause shown. Nothing in this ORDER shall be construed
16
as preventing any party from making application to the Court for revision of the terms of this
17
ORDER.
18
9.
Contempt. Upon any violation of the provisions set forth in this ORDER, the
19
party asserting the violation may file and serve an appropriate motion seeking an order holding
20
the violating party either in contempt of this Court or in violation of this ORDER.
21
22
10.
General Provisions.
A.
This ORDER is the result of negotiations by attorneys for the parties and
23
shall not be construed against any party or signatory to this ORDER because that party or their
24
counsel may have drafted this ORDER in whole or in part. This ORDER shall be construed and
25
interpreted fairly in accordance with its purpose and plain meaning.
26
27
28
B.
This ORDER shall continue to be binding after the conclusion of this
litigation, except that a party may seek written permission from the opposing parties or further
ORDER of the Court with respect to dissolution or modification of this ORDER.
6
STIPULATION AND ORDER
1
C.
Within thirty (30) days after the conclusion of this case, any and all
2
original, copy, portion, version, or summary of any CONFIDENTIAL information materials in
3
the possession, control, and/or custody of any qualified person shall be returned. Counsel of
4
record for a party returning CONFIDENTIAL information shall verify by declaration under
5
oath that all such information has been returned and that it has not retained any such information
6
or derivatives therefrom. Counsel may retain copies of briefs filed with the Court and work
7
product so long as it is maintained in accordance with this ORDER.
8
9
D.
Disclosure of CONFIDENTIAL information shall not constitute a waiver
of the attorney-client privilege, work-product doctrine, or any other applicable rights or
10
privilege.
11
E.
12
13
Notices pursuant to this ORDER shall be sent to the attorneys for the
parties listed on the signature page of this ORDER unless notified in writing of a change.
F.
14
This ORDER shall not constitute an admission by any of the parties that
15
information identified as CONFIDENTIAL is in fact confidential or the subject of entitlement
16
thereto. This ORDER is entered into solely to expedite discovery and meet the respective
17
concerns of the parties. This ORDER shall not be considered an admission of validity to any
18
claim of confidentiality hereunder except as is necessary to enforce the terms of the ORDER as
19
provided herein.
20
G.
The Court’s jurisdiction to enforce the terms of this order shall extend
21
until six months after the final termination of this action.
22
///
23
///
24
///
25
///
26
27
///
///
28
7
STIPULATION AND ORDER
1
2
The above is stipulated to by the respective counsel for the parties as follows:
Dated: December 20, 2012
ANGELO, KILDAY & KILDUFF, LLP
3
4
/s/ Carrie A. Frederickson
5
By:_________________________________
CARRIE A. FREDERICKSON
Attorneys for Defendants
6
7
8
Dated: October 19, 2012
LAW OFFICES OF MILTON C. GRIMES
9
/s/ Milton C. Grimes
By:_________________________________
MILTON C. GRIMES
Attorneys for Plaintiffs
10
11
12
13
Dated: October 19, 2012
ROBERT STANFORD BROWN, APC
14
15
/s/ Robert S. Brown
By:_________________________________
ROBERT S. BROWN
Attorneys for Plaintiffs
16
17
18
19
Dated: October 19, 2012
LAW OFFICES OF PHILLIP A. COOKE
20
/s/ Phillip A. Cooke
By:_________________________________
PHILLIP A. COOKE
Attorneys for Plaintiffs
21
22
23
24
25
Dated: October 19, 2012
KERSHAW, CUTTER & RATINOFF
26
/s/ Brooks C. Cutter
By:______________________________
BROOKS C. CUTTER
Attorneys for Plaintiffs
27
28
8
STIPULATION AND ORDER
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
APPENDIX A
18
19
20
21
22
23
24
25
26
27
28
9
STIPULATION AND ORDER
1
I, _________________________, declare as follows:
2
1.
3
4
__________________________________________________________________________.
2.
5
6
9
The name, address and telephone number of my employer is:
__________________________________________________________________________.
7
8
My home address and telephone number is ___________________________
3.
I have received a copy of the Stipulation Regarding Confidentiality and for
Protective Order and Protective Order (hereinafter the “ORDER”) filed in the above-entitled
action.
10
11
4.
I have carefully read and understand the terms of the ORDER.
12
5.
I hereby agree to be bound by the terms of the ORDER.
6.
During the pendency and after final resolution of this case, I will hold in
13
14
confidence and not disclose to anyone not qualified under the terms of the ORDER any
15
confidential writings, documents, things, information, or discovery disclosed to me.
16
17
7.
I agree to be subject to the personal jurisdiction of the United States District
18
Court, Eastern District of California, with regard to any proceeding relating to the enforcement
19
of the ORDER.
20
21
22
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration was executed this ____ day of __________
(month), ______ (year), at __________________ (city), California.
23
24
25
DATED: __________________
______________________________
26
27
28
10
STIPULATION AND ORDER
ORDER
1
2
3
IT IS SO ORDERED.
Dated: December 20, 2012.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11
STIPULATION AND ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?