Kozacenko v. State of California

Filing 20

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 7/8/2013. (Zignago, K.)

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LAW OFFICE OF STEWART KATZ
STEWART KATZ, State Bar #127425
555 University Avenue, Suite 270
Sacramento, California 95825
Telephone: [phone]

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Attorney for Plaintiff
OLEGS KOZENKO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CASE NO: 2:12-CV-02196-MCE-DAD
OLEGS KOZACENKO,

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STIPULATION FOR PROTECTIVE
ORDER; ORDER

Plaintiff,
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vs.
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California Highway Patrol Officer
ANDREW P. MURRILL (Badge #19671),
California Highway Patrol Officer J.
SHERMAN (Badge # 11614) California
Highway Patrol Sergeant KEVIN PIERCE;
California Highway Patrol Lieutenant
JOHN ARRABIT; California Highway
Patrol Assistant Chief KENNETH HILL;
and California Highway Patrol
Commander Chief STEPHEN LERWILL,
Defendants.

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Pursuant to the Federal Rules of Civil Procedure, and it appearing that discovery in this

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action will involve the disclosure of confidential information, it is hereby stipulated by and

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between the parties and their attorneys and ordered that the following Protective Order be entered

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to give effect to the terms and conditions set forth below:

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STIPULATION FOR PROTECTIVE ORDER; [PROPOSED] ORDER

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1.

“Designating Party” means any party producing Documents or information under this

Protective Order.

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2.

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

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Federal Rules of Civil Procedure, Rule 1001 of the Federal rules of Evidence and relevant case

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law.

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3.

“Confidential Information” includes the following categories of information, and

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shall include Documents produced during discovery, answers to interrogatories, responses to

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requests for admissions, depositions, hearing or trial transcripts, and tangible things, the

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information contained therein, and all copies, abstracts, excerpts, analyses or other writings that

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contain, reflect or disclose such information.

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a.

“CONFIDENTIAL” designates information that a Designating Party reasonably

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believes to be confidential due to safety, security or privacy reasons, that are not readily available

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to the public, that not been published/made public and the disclosure of said documents would

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have the effect of causing harm.

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4.

The documents eligible for protection under this order include:
a.

Medical records and documents of Olegs Kozacenko including those provided

as a result of service of thirteen separate subpoenas as outlined below:
1. American Medical Response requesting records for my client for services provided on
9/2/2011;
2. UC Davis Radiology regarding x-rays for my client from 1/1/2008 to present;
3. UC Davis Medical Center requesting medical records for my client from 1/1/2008 to
present;
4. UC Davis Medical Center, UC Davis Financial Services for billing records from 1/1/2008
to present;
5. Sutter Auburn Faith Hospital regarding x-rays for my client from 1/1/2008 to present;
6. Sutter Auburn Faith Hospital requesting medical records for my client from 1/1/2008 to
present;
7. Sutter Auburn Faith Hospital for billing records from 1/1/2008 to present;
8. Contra Costa Regional Medical Center regarding x-rays for my client from 1/1/2008 to
present;
9. Contra Costa Regional Medical Center requesting medical records for my client from
1/1/2008 to present;
10. Contra Costa Regional Medical Center for billing records from 1/1/2008 to present;
11. Alameda County Medical Center, Highland Hospital regarding x-rays for my client from
1/1/2008 to present;

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STIPULATION FOR PROTECTIVE ORDER; [PROPOSED] ORDER

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12. Alameda County Medical Center, Highland Hospital requesting medical records for my
client from 1/1/2008 to present;
13. Alameda County Medical Center, Highland Hospital for billing records from 1/1/2008 to
present.
5.

By designating documents as “confidential” under the terms of this Order, the

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Designating Party is certifying to the Court that there is a good faith basis in both law and in fact

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

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6.

The Designating Party producing “confidential” information shall identify the

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information by bates stamping copies of the document with the word “CONFIDENTIAL.” The

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Designating Party may also watermark and/or affix legends to such documents using the words

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“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.”
7.

Documents designated “confidential” under this Order (hereinafter, “Confidential

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Material”), the information contained therein, and any summaries, copies, abstracts or other

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documents derived in whole or in part from material designated as confidential shall be used only

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for the purpose of this action and for no other purpose.

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8.

Confidential Material produced pursuant to this Order may be disclosed or made

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available only to counsel for a party. Confidential Material may be provided to any expert

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retained for consultation and/or trial. In the event that Confidential Material is given to an expert,

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counsel that retained the expert shall provide a copy of this Order to the expert and require and

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receive an executed acknowledgment of the Order by the expert prior to providing the records to

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any retained expert.

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9.

The Confidential Material produced pursuant to his Order will be redacted with

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respect to (i) social security numbers; (ii) dates of birth; (iii) financial information (including

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account numbers); and (iv) in all circumstances when federal law requires redaction. Each

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redaction must be identified by showing what information has been redacted (e.g. “social security

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number,” etc.). This provision complies with Eastern District Local rule 140.

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10.

If Plaintiff or Defendants would like to use Confidential Material in Court filings, at

least seven (7) days notice shall be given to all parties. Plaintiff and Defendants shall comply

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STIPULATION FOR PROTECTIVE ORDER; [PROPOSED] ORDER

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with the 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 Information may be heard on shortened time and/or by telephone conference with

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a showing of good cause.

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11.

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

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

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

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confidential status through such use. If any Confidential Material is used in a deposition then

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arrangements shall made with the court reporter to separately bind such portions of the transcript

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containing information designated as “CONFIDENTIAL” and to label such portions

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appropriately.

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12.

This order is entered for the purpose of facilitating the exchange or documents

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between the parties to this action without involving the Court unnecessarily in the process.

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Nothing in this Order, or the production of any document under the terms of this Order, shall be

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deemed to have the effect of an admission or waiver by either party or of altering the

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confidentiality or non-confidentiality of any such document.

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13.

Nothing in this Order shall in and of itself require disclosure of information that is

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protected by the attorney-client privilege, work-product doctrine, or any other privilege, doctrine,

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or immunity, nor does anything in this Order, result in any party giving up its right to argue that

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

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14.

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

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

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

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of record and without prejudice to their rights and remedies available to the producing party,

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make every effort to obtain the return of the disclosed Confidential Material and prevent further

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

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STIPULATION FOR PROTECTIVE ORDER; [PROPOSED] ORDER

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

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or control within 180 days of final termination of this action which shall be deemed to occur only

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

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Dated: June 24, 2013

/S/ JILL SCALLY
KAMALA D. HARRIS
Attorney General of California
JILL SCALLY
Supervising Deputy Attorney General
Attorney for Defendants

Dated: June 24, 2013

/S/ STEWART KATZ
STEWART KATZ
Attorney for Plaintiff
Olegs Kozacehko

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ORDER

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Having read and considered the foregoing stipulation for a protective order, and good
cause appearing therefore,
IT IS HEREBY ORDERED that this stipulation for a protective order will be enforced as

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an order of this court.

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Dated: July 8, 2013

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Ddad1\orders.civil\kozacenko2196.stip.prot.ord2.doc

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STIPULATION FOR PROTECTIVE ORDER; [PROPOSED] ORDER