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)

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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

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