Moore v. Gonzalez et al

Filing 118

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 3/19/15. (Becknal, R)

1
2
3
4
5
6
7

KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
MARISA Y. KIRSCHENBAUER, State Bar No. 226729
Supervising Deputy Attorney General
PREETI K. BAJWA, State Bar No. 232484
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
W. Bennett, R. Gonzales and L. Gonzalez

JAMES V. WEIXEL, SBN 166024
WEIXEL LAW OFFICE
150 Post St., Ste. 520
San Francisco, California 941-8
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff
Merrick Moore

8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

SACRAMENTO DIVISION

11

12
MERRICK JOSE MOORE,
13

14
v.
15

16

L. GONZALEZ, et al.,

17

2:11-cv-03273-AC (PC)

Plaintiff, STIPULATION TO PROTECTIVE
ORDER PER COURT’S ORDER (ECF
NO. 83) and PROPOSED ORDER

Judge:
The Honorable Allison Claire
Trial Date:
August 31, 2015
Action Filed: January 25, 2011

Defendants.

18
19

PURPOSES AND LIMITATIONS

20

On September 30, 2013, the Court ordered the disclosure of a confidential report subject to

21

a protective order. (See ECF No. 83.) At the time, Plaintiff Merrick Moore was representing

22

himself in pro per. Subsequently, on November 25, 2014, this Court appointed James V. Weixel

23

to represent Plaintiff. Defendants will produce a copy of the confidential report as per Court

24

Order, ECF No. 83, as CONFIDENTIAL-ATTORNEY’S EYES ONLY, per this stipulated

25

protective order.

26

Accordingly, Plaintiff Merrick Moore and Defendants Bennett, R. Gonzales and L.

27

Gonzalez (the “Parties”) hereby stipulate to enter a protective order under the terms stipulated to

28

by the Parties. The Parties acknowledge that this protective order is not a waiver of any objection
1

Stip. to Prot. Order and [Proposed] Order (2:11-cv-03273-AC (PC))

1

by a party to the production of privileged or confidential documents and information, including

2

but not limited to the right to privacy and the official information privilege, nor does this affect

3

the parties’ right to withhold the production of the privileged or confidential information,

4

including but not limited to the Defendants’ personal identifying information. Such privileged

5

and confidential documents and information will be withheld until after the parties meet and

6

confer, the propounding party successfully moves for an in camera review by the Court, and will

7

not be produced absent a Court order requiring production after an in camera review. No party

8

will be held in contempt of this protective order for any objections and withholding of documents

9

asserted under this section.

10

Defendants assert that that the confidential report has been designated to contain

11

information that has been deemed confidential by the California Department of Corrections and

12

Rehabilitation (CDCR) for safety and security reasons, and has been restricted from general

13

distribution, including but not limited to inmates, parolees, and the public. Thus, the confidential

14

report is designated as CONFIDENTIAL - ATTORNEYS’ EYES ONLY under this Protective

15

Order.

16

Under this Protective Order, “CONFIDENTIAL - ATTORNEYS’ EYES ONLY”

17

Information or Items is defined as: information (regardless of how it is generated, stored or

18

maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure

19

26(c) and constitutes or discloses information that threatens prison safety or security. The criteria

20

for such a designation shall be whether the Party has a good faith belief that the information is

21

entitled to protection from disclosure to non-attorneys, including any inmate, because such

22

information threatens inmate or prison safety or security.

23

SCOPE

24

The Stipulation shall apply to the production and exchange of the Confidential Report per

25

Court Order (ECF No. 83), regardless of whether such production or exchange is made informally

26

or in response to formal discovery requests or mechanisms.

27

The protections conferred by this Stipulation and Order cover not only the Confidential

28

Report (as defined above), but also (1) any information copied or extracted from the Confidential
2

Stip. to Prot. Order and [Proposed] Order (2:11-cv-03273-AC (PC))

1

Report; (2) all copies, excerpts, summaries, or compilations of Confidential Report; and (3) any

2

testimony, conversations, or presentations by Parties or their Counsel that might reveal the

3

Confidential Report. However, the protections conferred by this Stipulation and Order do not

4

cover the following information: (a) any information that is in the public domain at the time of

5

disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a

6

Receiving Party as a result of publication not involving a violation of this Order, including

7

becoming part of the public record through trial or otherwise; and (b) any information known to

8

the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure

9

from a source who obtained the information lawfully and under no obligation of confidentiality to

10

the Designating Party. Any use of the Confidential Report at trial shall be governed by a separate

11

agreement or order.

12

DURATION

13

Even after final disposition of this litigation, the confidentiality obligations imposed by this

14

Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order

15

otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims

16

and defenses in this action, with or without prejudice; and (2) final judgment herein after the

17

completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

18

including the time limits for filing any motions or applications for extension of time pursuant to

19

applicable law.

20

ACCESS TO AND USE OF CONFIDENTIAL REPORT

21

Basic Principles. A Receiving Party may use the Confidential Report only in connection

22

with this case only for prosecuting, defending, or attempting to settle this litigation. The

23

Confidential Report may be disclosed only to the categories of persons and under the conditions

24

described in this Order. When the litigation has been terminated, a Receiving Party must comply

25

with the provisions below (FINAL DISPOSITION).

26

The Confidential Report must be stored and maintained by a Receiving Party at a location

27

and in a secure manner that ensures that access is limited to the persons authorized under this

28

Order.

3

Stip. to Prot. Order and [Proposed] Order (2:11-cv-03273-AC (PC))

1

UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL REPORT

2

In the event the Receiving Party believes that the Confidential Report has been viewed or

3

obtained by persons other than Counsel of Record and their support staff, the Receiving Party

4

must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b)

5

identify the person or persons to whom unauthorized disclosures were made, (c) inform the

6

person or persons to whom unauthorized disclosures were made of all the terms of this Order, and

7

(d) use its best efforts to retrieve all unauthorized copies of the Confidential Report.

8

FINAL DISPOSITION

9

(a)

Within 60 days after the final disposition of this action, as defined in paragraph 4,

10

each Receiving Party must return all the Confidential Report to the Producing Party for

11

destruction or destroy such material. As used in this subdivision, this includes all copies,

12

abstracts, compilations, summaries, and any other format reproducing or capturing any of the

13

Confidential Report. Whether the Confidential Report is returned, or destroyed, the Receiving

14

Party must submit a written certification to the Producing Party (and, if not the same person or

15

entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, where

16

appropriate) the Confidential Report that was returned or destroyed and (2) affirms that the

17

Receiving Party has not retained any copies, abstracts, compilations, summaries or any other

18

format reproducing or capturing any of the Confidential Report.

19

(b)

Counsel of Record are entitled to retain an archival copy of all pleadings, motion

20

papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition

21

and trial exhibits, expert reports, attorney work product, and consultant and expert work product,

22

even if such materials contain the Confidential Report. In addition, Counsel of Record is not

23

required to destroy or return copies of the Confidential Report that may be stored on back-up

24

tapes created in the Receiving Party’s normal course of business and retained for disaster-

25

recovery purposes. Any such archival or back-up tape copies that contain or constitute the

26

Confidential Report remain subject to this Protective Order as set forth in the duration section,

27

above.

28
4

Stip. to Prot. Order and [Proposed] Order (2:11-cv-03273-AC (PC))

1

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2

3

Dated: March 18, 2015

Respectfully submitted,

4

KAMALA D. HARRIS
Attorney General of California
MARISA Y. KIRSCHENBAUER
Supervising Deputy Attorney General

5
6

/S/ PREETI K. BAJWA

7

PREETI K. BAJWA
Deputy Attorney General
Attorneys for Defendants
Bennett, R. Gonzales and L. Gonzalez

8
9

10
WEIXEL LAW OFFICE

11

12

/s/ James Weixel

13

JAMES WEIXEL,
Attorney for Plaintiff
Merrick Moore

14

15

16

PURSUANT TO STIPULATION, IT IS SO ORDERED:

17
18

DATED: March 19, 2015

19
20
21
22
23

24

25

26

27

28
5

Stip. to Prot. Order and [Proposed] Order (2:11-cv-03273-AC (PC))