Estate of Anton Pat Barrett, et al. v. City of Vallejo, et al.
Filing
13
STIPULATION and PROTECTIVE ORDER signed by Judge John A. Mendez on 12/18/13. (Kaminski, H)
1
2
3
4
5
JOHN L. BURRIS, SBN 69888
ADANTE D. POINTER, SBN 263229
Law Office of John L. Burris
Airport Corporate Centre
7677 Oakport Street, Ste. 1120
Oakland, CA 94621
(510) 839-5200
(510) 839-3882- Fax
John.Burris@JohnBurrisLaw.com
adante.pointer@johnburrislaw.com
6
Attorneys for Plaintiffs
7
8
9
10
11
CLAUDIA QUINTANA,
City Attorney, SBN 178613
BY: KELLY J. TRUJILLO,
Deputy City Attorney, SBN 244286
CITY OF VALLEJO, City Hall
555 Santa Clara Street, P.O. Box 3068
Vallejo, CA 94590
Tel: (707) 648-4545
Fax: (707) 648-4687
12
13
14
15
16
17
18
MARK A. JONES, SBN 96494
KRISTEN K. PRESTON, SBN 125455
JONES & DYER
A Professional Corporation
1800 J Street
Sacramento, CA 95811
Tel: (916) 552-5959
Fax: (916) 442-5959
Attorneys for Defendants CITY OF VALLEJO, a municipal corporation; SEAN KENNEY;
WAYLON BOYCE, MARK THOMPSON individually and in their official capacities as Police
Officers for the CITY OF VALLEJO
19
UNITED STATES DISTRICT COURT
20
EASTERN DISTRICT
21
22
23
24
25
26
THE ESTATE OF ANTON BARRETT, by
and through its representatives ANTON
FRANK
BARRETT,
PASHANEY
BARRETT AND A.P.B., a minor, by and
through his guardian ad litem TASHA
PERRY; ANTON FRANK BARRETT,
individually, PASHANEY BARRETT,
individually and A.P.B., a minor, by and
through his guardian ad litem, TASHA
PERRY,
STIPULATION AND PROTECTIVE
ORDER
Plaintiffs,
27
28
Case No.: 2:13-CV-00846-JAM-CKD
vs.
CITY
OF
VALLEJO,
a
municipal
1
STIPULATION AND PROTECTIVE ORDER
1
2
3
corporation; SEAN KENNEY; WAYLON
BOYCE, MARK THOMPSON; AND
DOES 1-50, inclusive; individually and in
their official capacities as Police Officers
for the CITY OF VALLEJO,
4
Defendants.
5
6
7
IT IS HEREBY STIPULATED BY ALL PARTIES to this action by and through their
8
attorneys of record, that in order to protect the confidentiality of the records described below, any of
9
said records disclosed are subject to a protective order (and designated as “Confidential Material”) as
10
11
follows:
1. The documents identified in “Defendants’” Initial Disclosure Statement (FRCP §26(a)), in
paragraph B thereof, including the following:
12
13
a. Crime Report 1206648 and all supplements and related documents
14
b. Crime Scene Log
15
c. VPD Dispatch Transcript and recording
16
d. Recorded interviews including transcripts and audio recordings
17
e. Anton Barrett and Anton Frank Barrett Criminal History Reports
18
f. All City of Vallejo Department’s policy and procedure manuals, training manuals,
19
training and procedure memorandum and bulletins, and all other documents which
20
set forth Department operational, training and tactical policy and procedure,
21
including but not limited to, to, those documents.
g. Recordings of all communications between any officers involved in the incident or
22
the investigation of the incident with dispatch or each other.
23
24
h. CAD report
25
i. Any and all law enforcement personnel records
26
2.
Confidential material may not be disclosed except as set forth in paragraphs 3- 5.
27
3.
Confidential Material may be disclosed only to the following persons:
28
a.
Counsel for any party to this action.
2
STIPULATION AND PROTECTIVE ORDER
1
b.
Paralegal, stenographic, clerical and secretarial personnel regularly
2
employed by counsel referred to in 4(a);
3
c.
Court personnel including stenographic reporters engaged in such
4
proceedings as are necessarily incidental to preparation for the trial of
5
this
6
d.
action;
Any outside expert or consultant retained in connection with this action,
7
and not otherwise employed by either party;
8
e.
9
Any “in house” expert designated by defendant to testify at trial in this
matter;
10
f.
Witnesses, other than the plaintiff herein, who may have the documents
11
disclosed to them during deposition proceedings; the witnesses may not
12
leave the depositions with copies of the documents, and shall be bound
13
by the provisions of paragraph 5;
14
g.
Any Neutral Evaluator or other designated ADR provider; and
15
h.
Parties to this action.
16
i.
The parties agree that at the time of trial they may seek orders from the
17
Court to prevent confidential material disclosed during discovery from
18
being made public during a jury trial.
19
4.
Each person to whom disclosure is made, with the exception of counsel who are
20
presumed to know of the contents of this protective order and court personnel, shall, prior to
21
disclosure: (1) be provided with a copy of this order by the person furnishing him/her such material,
22
and (2) agree on the record or in writing that he/she has read the protective order and that he/she
23
understand the provisions of the protective order. Such person must also consent to be subject to the
24
jurisdiction of the United States District Court, Eastern District, with respect to any proceeding relating
25
to the enforcement of this order. Defendants City of Vallejo, W. Boyce, S. Kenney and M. Thompson
26
shall be entitled to retain possession of the original writings described above.
27
paragraph 4 is intended to prevent officials or employees of the City of Vallejo or other authorized
28
government officials or any other persons from having access to the documents if they would have had
3
STIPULATION AND PROTECTIVE ORDER
Nothing in this
1
access in the normal course of their job duties or rights as a citizen. Further, nothing in this order
2
prevents a witness from disclosing event or activities personal to them, i.e., a witness can disclose to
3
others previous information given to the City of Vallejo with respect to what he/she saw, heard, or
4
otherwise sensed.
5
5.
At the conclusion of the trial and of any appeal or upon other termination of this
6
litigation, all Confidential Material received under the provision of this order (including any copies
7
made) shall be delivered back to the City of Vallejo. Provisions of this order insofar as they restrict
8
disclosure and use of the material shall be in effect until all Confidential Material (including all copies
9
thereof) are returned to defendants.
10
6.
Any document filed with the Court that reveals Confidential Material shall be filed
11
under seal, labeled with a cover sheet as follows: “Barrett v. City of Vallejo, et al., United States
12
District Court, Eastern District, Case No.: 2:13-CV-00846-JAM-CKD. This document is subject to a
13
protective order issued by the Court and may not be copied or examined except in compliance with
14
that order.” Documents so labeled shall be kept by the Clerk under seal and shall be made available
15
only to the Court or counsel. Upon failure of the party to so file a document under seal, the producing
16
party may request that the Court place the filing under seal.
17
7.
Nothing in this order shall preclude a party from showing or disclosing any documents,
18
e.g., deposition transcript, pleading or brief, which otherwise contain Confidential Material as defined
19
in paragraph 1, as long as such document has been redacted so as to prevent disclosure of such
20
Confidential Material.
21
8.
The foregoing is without prejudice to the right of any party (a) to apply to the Court for
22
a further protective order relating to any Confidential Material or relating to discovery in this litigation;
23
(b) to apply to the Court for an order removing the Confidential Material designation from any
24
document; and (c) to apply to the Court for an order compelling production of documents or
25
modification of this order or for any order permitting disclosure of Confidential Materials beyond the
26
terms of this order.
27
///
28
///
4
STIPULATION AND PROTECTIVE ORDER
1
Dated: December 17, 2013
LAW OFFICE OF JOHN L. BURRIS
2
By: /s/ Adante D. Pointer
ADANTE D. POINTER
Attorneys for Plaintiffs
3
4
5
6
Dated: December 17, 2013
JONES & DYER
7
8
9
10
By:
/s/ Mark A. Jones
MARK A. JONES
KRISTEN K. PRESTON
Attorneys for Defendants City of Vallejo,
D. Joseph, S. Kenney and M. Thompson
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
STIPULATION AND PROTECTIVE ORDER
ORDER
1
2
3
4
The Court having considered the foregoing stipulation of the parties, and good cause appearing,
the Court hereby orders that the above-described records relating to this matter, as more specifically
described in Paragraph 1 of the Stipulation, be subject to a protective order fully incorporating the
5
6
7
provisions set forth above.
PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
8
9
10
11
Dated: 12/18/2013
/s/ John A Mendez________________________
Hon. John A. Mendez
UNITED STATES DISTRICT COURT JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6
STIPULATION AND PROTECTIVE ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?