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)

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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

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