Kozacenko v. State of California

Filing 55

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 6/26/14 54 . (Meuleman, A)

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STEWART KATZ, State Bar No. 127425
THE LAW OFFICES OF STEWART KATZ
555 University Avenue, Suite 270
Sacramento, CA 95825
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff Olegs Kozacenko

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
PETER A. MESHOT, State Bar No. 117061
Supervising Deputy Attorney General
ALBERTO L. GONZÁLEZ, State Bar No. 117605
Supervising Deputy Attorney General
NELI N. PALMA, State Bar No. 203374
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants California Highway Patrol Officer Andrew Murrill and California
Highway Patrol Officer J. Sherman California Highway Patrol Sergeant Kevin Pierce;
California Highway Patrol Lieutenant John Arrabit; California Patrol Assistant Chief
Kenneth Hill; and California Highway Patrol Commander Chief Stephen Lerwill

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OLEGS KOZACENKO,

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No. 2:12-cv-2196 MCE DAD
Plaintiff, STIPULATION AND PROTECTIVE
ORDER

v.

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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 Patrol
Assistant Chief KENNETH HILL; and
California HIghway Patrol Commander
Chief STEPHEN LERWILL,,
Defendants.

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Upon joint motion of the parties, this Court, having been duly advised, hereby ORDERS
that:
1. In accordance with the terms of this Order pursuant to 5 U.S.C. § 552a (b)(11), the

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Federal Bureau of Investigation (FBI), in response to a subpoena duly issued pursuant to a the

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provisions of Rule 45 of the Federal Rules of Civil Procedure and to the regulations set forth at 28

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C.F.R. § 16.21, et seq., may disclose to the parties records which, in whole or in part, are

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otherwise subject to the Privacy Act of 1974, 5 U.S.C. § 552a, and which contain information

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within the proper scope of discovery under Fed. R. Civ. P. 26.

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2. The FBI shall have the right to designate as subject to this Protective Order any

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document or other item responsive to the subpoena and which is a record subject to the Privacy

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Act or which contains or refers or relates to records which are subject to the Privacy Act.

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3. Such documents or other tangible items must be designated as subject to this

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Protective Order by conspicuously stamping the phrase "SUBJECT TO A PROTECTIVE

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ORDER" on each page or, in the case of other tangible items, by notifying the Plaintiff in writing.

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4. Information designated as SUBJECT TO A PROTECTIVE ORDER shall not be
disclosed or disseminated to anyone, except:
(a) A party, counsel for any party and the employees of such counsel to whom it is
necessary that the information be disclosed for purposes of preparation for and
litigation of this action;
(b) Any expert engaged by a party for the purpose of assisting in the preparation of
this litigation;
(c) Any person who was involved in the preparation of the document or information;
(d) The Court, the jury and court personnel, court reporters and persons engaged to
make copies, provided that all SUBJECT TO A PROTECTIVE ORDER information
filed with the Clerk of Court shall be filed under seal and shall be released only upon
agreement among all parties, or pursuant to the terms of this Order, or by order of the
Court;
(e) Any other person, entity, or firm with the prior written consent of the parties.
5. Each person to whom SUBJECT TO A PROTECTIVE ORDER information will be

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disseminated (other than the parties, attorneys for the parties, and the attorneys' employees, the

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Court, the jury, court personnel, and court reporters) will be required, prior to any such
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dissemination, to receive and read a copy of this PROTECTIVE ORDER and to agree, in writing,

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to be bound by the terms of this Order and personally subject to the jurisdiction of this Court for

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the purposes of enforcement hereof in the form attached hereto as Exhibit A. Counsel for any

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party receiving SUBJECT TO A PROTECTIVE ORDER information and disseminating same

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shall maintain a list of all such persons along with the written agreement of each person, and shall

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provide copies of such written agreements upon request to other parties at any time.

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6. When any SUBJECT TO A PROTECTIVE ORDER information, documents, discovery

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responses, portions of transcripts or any other pleadings or papers disclosing or referring to such

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SUBJECT TO A PROTECTIVE ORDER information are used in connection with any motion or

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pretrial hearing, or are otherwise submitted to the Court, they shall be filed under seal and marked

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as follows:

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CONFIDENTIAL/SUBJECT TO A PROTECTIVE ORDER: This envelope contains
documents that are subject to a protective order of this Court. The contents are not to
be revealed to anyone except the Court, or with the prior written consent of the parties
herein, or pursuant to any order of this Court. If the contents are thus revealed, they
shall thereafter be resealed.

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7. Within thirty (30) days of the close of this litigation for any reason, each party shall

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retrieve all copies of materials marked SUBJECT TO A PROTECTIVE ORDER from his or its

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own files, and from experts or other persons to whom he or it has provided such materials

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consistent with this Order, and shall do one of the following: (1) return to the FBI all such

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materials, including all copies thereof, or (2) certify in writing to the FBI that all such materials

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produced by such other party during this action have been destroyed. All information protected

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by this Order which has been placed in any electronic data bank shall be completely erased, and

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any documents listing or summarizing information protected by this Order shall be destroyed

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within the same period.

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8. Entry of this Order shall not, in and of itself, prejudice any contention of any party upon

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any motion, nor shall this Order and any consent hereto constitute a waiver of any right to seek

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relief from the Court from any and all of the provisions hereof or other modifications of the terms

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hereof. This Order shall not limit any party's right to seek judicial review or to seek further and

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additional protection against or limitation upon production or dissemination of information and

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documents or their contents.

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9. Nothing herein shall be construed to preclude or limit the presence of any individual at
any hearing in or the trial or this action.
10. This order constitutes a limited authorization to the FBI and its agents and employees

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to disclose Privacy Act protected records pursuant to 5 U.S.C. § 552a (b)(11). In making the

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limited disclosure set forth herein, the FBI and its agents and employees are hereby relieved of

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any penalties to which they may otherwise be subjected pursuant to 5 U.S.C. § 552a (g).

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EXHIBIT A TO PROTECTIVE ORDER
I hereby certify that I have read the PROTECTIVE ORDER entered in the above captioned

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litigation. I hereby agree to be bound by the terms of the PROTECTIVE ORDER and to submit

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personally to the jurisdiction of the United States District Court for the District of Columbia for

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purposes of enforcing my agreement to be bound by the terms of the PROTECTIVE ORDER.

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Dated: 6/13/2014

THE LAW OFFICES OF STEWART KATZ

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/s/ Stewart Katz

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STEWART KATZ
Attorneys for Plaintiff Olegs Kozacenko

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KAMALA D. HARRIS
Attorney General of California
PETER A. MESHOT
Supervising Deputy Attorney General

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/s/ Alberto L. González

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ALBERTO L. GONZÁLEZ
Attorneys for Defendants California
Highway Patrol Officer Andrew Murrill and
California Highway Patrol Officer J.
Sherman California Highway Patrol
Sergeant Kevin Pierce; California Highway
Patrol Lieutenant John Arrabit; California
Patrol Assistant Chief Kenneth Hill; and
California Highway Patrol Commander
Chief Stephen Lerwill

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Dated: 6/24/2014

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SA2012307600
31965165.doc

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ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.1
Dated: June 26, 2014

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Ddad1\orders.civil
kozacenko2196.stip.prot.ord4.doc

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Normally the undersigned would not authorize the entering of a stipulated protective
order that granted blanket authority for the sealing of any documents. Here, however, because the
discovery at issue is finite and the terms of the protective order were provided to the parties by
the FBI, so that the FBI may release to the parties documents otherwise protected by the Privacy
Act of 1974, 5 U.S.C. ' 552a, the undersigned will allow such an order in this instance. See
generally Laxalt v. McClatchy, 809 F.2d 885, 889, 258(C.A. D.C. 1987) (“Where the records
sought are subject to the Privacy Act, the District Court’s supervisory responsibilities may in
many cases be weightier than in the usual discovery context.”).
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