Bowen v. Neves, et. al.

Filing 23

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 11/6/12. (Manzer, C)

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STEWART KATZ, SBN 127425
GUY DANILOWITZ, SBN 257733
LAW OFFICE OF STEWART KATZ
555 University Avenue, Suite 270
Sacramento, California 95825
Telephone: [phone]

ANDREW T. CAULFIELD, SBN 238300
RICHARD H. CAULFIELD, SBN 50258
CAULFIELD LAW FIRM
1101 Investment Blvd., Suite 120
El Dorado Hills, CA 95762
Telephone: [phone]

Attorneys for Plaintiff Burch Bowen

Attorneys for Defendants County of El
Dorado, Jeff Neves, Gary Parker, Steven
Coburn, and Simon Brown

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BURCH MICHAEL BOWEN,

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NO. 2:11-CV-02365-GEB-EFB

Plaintiff,
STIPULATED PROTECTIVE
ORDER

vs.
COUNTY OF EL DORADO; Former El
Dorado County Sheriff JEFF NEVES; El
Dorado County Sheriff’s Office Sergeant
GARY PARKER (#243); El Dorado County
Sheriff’s Office Deputy STEVEN COBURN
(#1304); El Dorado County Sheriff’s Office
Deputy SIMON BROWN (#742); and DOES
1 through 10, inclusive,

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Defendants.

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_________________________________/

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Pursuant to the Court’s Order, filed on October 26, 2012 (Dckt. No. 21) (hereinafter

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“the Discovery Order”), and Local Rule 141.1(b)(1) and (c), it is hereby stipulated by the

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parties, by and through their undersigned counsel of record, and it is hereby ordered that

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the following Protective Order be entered and effect be given to the terms and conditions

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set forth below:

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Bowen – Stipulated Protective Order

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1.

“Document” or “Documents” shall have the broadest meaning permitted

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under the Federal Rules of Civil Procedure, Rule 1001 of the Federal Rules of Evidence

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and relevant case law.

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2.

“Confidential Material” consists of the following categories of documents as

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identified in the Discovery Order. The parties agree to treat the various categories of

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Confidential Material in the manner detailed herein.

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A.

All documents which relate to allegations, complaints,

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investigations, or discipline against or involving defendants Brown, Coburn, and Parker for

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or regarding any alleged unlawful entry and/or the use of excessive force, as well as all

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documents reflecting defendants Brown, Coburn and Parker’s educational and employment

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history, employee advancement, and training received. The parties understand that this

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category of documents may contain and include reference to employees of the El Dorado

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County Sheriff’s Office who are not named defendants in this action. The parties also

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understand that this category of documents may contain and include reference to non-

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employee, third parties who have provided information to the Sheriff’s Office in

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connection with a complaint or investigation. The documents to be produced in this

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category may be redacted to the extent that they contain social security numbers,

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information pertaining to mental health or medical history, religious affiliation, home

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addresses, and contact or personal information regarding the Defendant or his family

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members, non-defendant employees of the El Dorado Sheriff’s Department, or non-

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employee third parties.

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B.

All documents which relate to allegations, complaints,

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investigations, or discipline against or involving defendant Parker for or regarding any

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alleged failure to properly investigate citizen complaints or discipline officers. The parties

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understand that this category of documents may contain and include reference to employees

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of the El Dorado County Sheriff’s Office who are not named defendants in this action. The

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parties also understand that this category of documents may contain and include reference

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to non-employee, third parties who have provided information to the Sheriff’s Office in

Bowen – Stipulated Protective Order

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connection with a complaint or investigation. The documents to be produced in this

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category may be redacted to the extent that they contain social security numbers,

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information pertaining to mental health or medical history, religious affiliation, home

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addresses, and contact or personal information regarding the Defendant or his family

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members, non-defendant employees of the El Dorado Sheriff’s Department, or non-

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employee third parties.

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C.

All unredacted documents constituting reports of the incident and all

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documents which constitute oral and written statements pertaining to the incident. The

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term “incident” herein is defined as the circumstances and events surrounding defendants

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Coburn and Brown’s actions at 2913 Maple Street, Pollock Pines, CA 95726 on September

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27, 2009, as specified in greater detail in plaintiff’s complaint. Defendants need not

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produce confidential communications between counsel’s office and his clients that are

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protected by the attorney-client privilege, but if such documents are withheld, defendants

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shall certify, under penalty of perjury, that all documents withheld on that basis constitute

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confidential communications in which legal advice was sought from or provided by

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defendants’ attorneys. If any other documents are withheld as privileged or as protected

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work product, defendants shall produce an amended privilege log which details, for each

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document withheld, the date the document was prepared, the author of the document, the

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recipient(s) of the document, the subject matter of the document, and the reason that

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document was withheld.

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D.

An unredacted copy of all documents which constitute El Dorado

County Sheriff’s Office Report No. EG0909637.
3.

Pursuant to Local Rule 141.1(c)(2) and (3), and as reflected in the Discovery

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Order, the Court has determined that there is a particularized need for protection as to each

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category described in Paragraph 2 above, and that a court order is required, as opposed to a

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private agreement between or among the parties. By designating the aforementioned

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categories of documents as “Confidential,” under the terms of this Order, the party making

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the designation is certifying to the Court that there is a good faith basis both in law and in

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fact for the designation within the meaning of Federal Rule of Civil Procedure 26(g).

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4.

Confidential Material produced pursuant to this Protective Order will be

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bates stamped and marked “CONFIDENTIAL.” Stamping the legend “CONFIDENTIAL”

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on the cover of any multi-page document shall designate all pages of the document as

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confidential, unless otherwise indicated by the producing party.

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5.

Nothing in this Order shall in any way limit or prevent Confidential Material

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from being used in any deposition or other proceeding in this action. In the event that any

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Confidential Material is used in any deposition or other proceeding in this action it shall not

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lose its confidential status through such use. If any Confidential Material is used in a

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deposition, then arrangements shall be made with the court reporter to separately bind such

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portions of the transcript containing information designated as “CONFIDENTIAL” and to

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label such portions appropriately.

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6.

Material designated as Confidential under this Order, the information

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contained therein, and any summaries, copies, abstracts, or other documents derived in

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whole or in part from material designated as confidential shall be used only for the purpose

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of this action, and for no other purpose.

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7.

Confidential Material produced pursuant to this Order may be disclosed or

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made available only to counsel for a party (including the paralegal, clerical, and secretarial

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staff employed by such counsel), and to the following “qualified persons” designated

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below:

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a.

The parties, including any employees and claims administrators of the parties;

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b.

Experts retained for consultation and/or trial;

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c.

Court reporter(s) employed in this action;

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d.

A witness at any deposition or other proceeding in this action; and

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e.

Any other person as to whom the parties agree in writing.

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Prior to receiving any Confidential Material, each “qualified person” shall be provided

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with a copy of this Order and shall agree to the terms thereof.

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8.

If any party would like to use Confidential Material in Court filings, at least

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seven (7) days’ notice shall be given to all parties.

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requirements of Eastern District Local Rule 141 in the event that a party would like

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Confidential Material to be sealed. The parties agree a request to seal or remove the designation

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of Confidential Material may be heard on shortened time and/or by telephone conference.

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9.

The parties shall comply with the

This Order is entered for the purpose of facilitating the exchange of documents

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and information between the parties to this action without involving the Court unnecessarily in

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the process. Nothing in this Order nor the production of any information or document under the

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terms of this Order nor any proceedings pursuant to this Order shall be deemed to have the

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effect of an admission or waiver by either party or of altering the confidentiality or non-

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confidentiality of any such document or information or altering any existing obligation of any

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party or the absence thereof.

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10.

Nothing in this Protective Order shall in and of itself require disclosure of

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information that is protected by the attorney-client privilege, work-product doctrine, or any

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other privilege, doctrine, or immunity, nor does it result in any party giving up its right to argue

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that otherwise privileged documents must be produced due to waiver or for any other reason.

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11.

If Confidential Material produced in accordance with this Order is disclosed to

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any person other than in the manner authorized by this Order, the party responsible for the

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disclosure shall immediately bring all pertinent facts relating to such disclosure to the attention

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of all counsel of record and, without prejudice to other rights and remedies available to the

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producing party, make every effort to obtain the return of the disclosed Confidential Material

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and prevent further disclosure of it by the person who was the recipient of such information.

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12.

This Order shall survive the final termination of this action, and the Court shall

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retain jurisdiction to resolve any dispute concerning the use of the information disclosed

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hereunder. Counsel for the parties shall destroy all Confidential Material in their possession,

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custody, or control within 180 days of final termination of this action which shall be deemed to

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occur only when final judgment has been entered and all appeals have been exhausted.

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//

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14.

Nothing in this stipulation precludes either party from requesting that the

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confidential designation be removed from any material produced pursuant to this stipulation

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should any party develop the belief that said material should not be so designated.

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IT IS SO STIPULATED.

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Dated: Nov. 2, 2012

_/s/ Stewart Katz______
STEWART KATZ,
Attorney for Plaintiff
Burch Bowen

Dated: Nov. 2, 2012

_/s/ Andrew T. Caulfield
ANDREW T. CAULFIELD
Attorney for Defendants County of El
Dorado, Jeff Neves, Gary Parker,
Steven Coburn, and Simon Brown

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IT IS SO ORDERED.

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Dated: November 6, 2012.

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