Manning, et al., v. CDCR, et al.,

Filing 199

PROTECTIVE ORDER regarding production of information pursuant to plaintiff's Motion to Compel signed by Magistrate Judge Allison Claire on 1/08/15. (See order for further details)(Plummer, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHERMAN MANNING, (J98796)
PETER ANDRIST,
Plaintiffs,
v.
M. BUNELL, L. JOHNSON, F.
SCHROEDER, SGT. MAY, R.
WENKER, CO HUMPHRIES, M.
JIMENEZ, A. RALLS, R. COUCH,
C. COMPTON, CO GOLDSMITH,
R. O'BRIEN, AND SGT.
STRATTON,

Case No. 2:12-cv-2440 MCE AC P
[PROPOSED] PROTECTIVE
ORDER RE PRODUCTION OF
INFORMATION PURSUANT TO
PLAINTIFF’S MOTION TO
COMPEL
Judge:

Hon. Allison Claire

Defendants.

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The Court having granted in part Plaintiff’s Motion to Compel (Doc. #132)

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and having ordered Defendants to disclose any workplace discipline and/or criminal

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convictions (Doc. #192), hereby orders disclosure of such information subject to

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the following order:

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IT IS HEREBY ORDERED, as follows:

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The following Protective Order shall govern the use and disclosure of

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Defendants’ responses to Plaintiffs’ Interrogatories regarding workplace discipline

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and/or criminal convictions (collectively, “Confidential Information”) produced in

B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

LA #4825-8182-8897 v1

-1-

2:12-CV-2440 MCE AC (PC)
[PROPOSED] PROTECTIVE ORDER

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accordance with the Court’s Order granting, in part, Plaintiff’s Motion to Compel,

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with the following provisions.

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1.

Under no circumstances shall Confidential Information be used in any

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proceeding other than the instant case or be disseminated, in any form, except by

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explicit court order.

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2.

of Plaintiff’s books, website, twitter account, or any other publication.

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Under no circumstances shall Confidential Information be used in any

3.

Under no circumstances shall Confidential Information either orally or

by written form, be inputted into any computer program or database or listed

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manually in any manual, notebook or other listing as it pertains to law enforcement

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personnel. This does not apply to any computer program or case file maintained

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specifically as to this criminal action.

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4.

Disclosure of Confidential Information shall be limited to the

personnel and/or classification of persons listed below:

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(a)

Counsel for any party to this action and plaintiff, who is pro se1;

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(b)

Staff personnel employed by counsel for any party;

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(c)

The court and its personnel, in connection with this litigation;

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(d)

Experts or consultants retained to work on this case by counsel

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for any party to this case; and

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(e)

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indicated above.

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Investigators retained by counsel for any party to this case, as

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Under no circumstances shall Confidential Information be disclosed

and/or used by former co-Plaintiff Peter Andrist or any other state prisoner.

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6.

Counsel for any party to this action shall advise those individuals to

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whom disclosure of Confidential Information is to be made of the contents of this

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Protective Order, and such counsel shall obtain the consent of such individual that

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

Although Plaintiff is in contact with several attorneys, Plaintiff may not provide any information
to any attorney unless that attorney has entered his or her appearance in this case and is currently
counsel of record.

LA #4825-8182-8897 v1

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2:12-CV-02440-AC
[PROPOSED] PROTECTIVE ORDER

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he or she will be bound by this Protective Order. In the event such individual does

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not consent to be bound by this Protective Order, no disclosure of Confidential

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Information will be made to such individual. In this case, counsel includes

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plaintiff, who is pro se.

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Any counsel, expert, consultant, or investigator retained by counsel for

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any party to this case shall not refer to Confidential Information in any other court

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proceeding subject to further order of this Court.

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8.

Except for documentation filed under seal by the court, all

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originals and copies of Confidential Information shall be returned to counsel

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for the defendants within 10 days after final termination of this case, whether

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such termination is by settlement, judgment, dismissal, appeal or otherwise.

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9.

This Protective Order, and the obligations of all persons

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thereunder—including those relating to the disclosure and use of

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Confidential Information—shall survive the final termination of this case

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whether such termination is by settlement, judgment, dismissal, appeal or

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otherwise, until further order of the Court.

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10.

Nothing in this Protective Order is intended to prevent officials

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or employees of the CDCR, individual CDCR peace officers, or other

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authorized individuals from having access to Confidential Information to

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which they would have access in the normal course of their duties.

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Breach of this protective order may result in dismissal of this

case and/or monetary fines.
IT IS SO ORDERED.
DATED: January 8, 2015

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

LA #4825-8182-8897 v1

-3-

2:12-CV-02440-AC
[PROPOSED] PROTECTIVE ORDER