Estate of Anton Pat Barrett, et al. v. City of Vallejo, et al.

Filing 36

STIPULATION AND PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/19/15. (Becknal, R)

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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: [phone]
Fax: [phone]
MARK A. JONES, SBN 96494
KRISTEN K. PRESTON, SBN 125455
JONES & DYER
A Professional Corporation
1800 J Street
Sacramento, CA 95811
Tel: [phone]
Fax: [phone]

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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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT

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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,

Case No.: 2:13-CV-00846-JAM-CKD
PROTECTIVE ORDER

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Plaintiffs,

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vs.
CITY OF VALLEJO, a municipal
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,
Defendants.

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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In order to protect the confidentiality of the records described below, any of said records

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disclosed are designated as “Confidential Material” pursuant to the protective order previously

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entered by this court (Docket No. 13) or designated “Confidential – Attorney’s Eyes Only” in this

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Order as follows:

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1.

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Documents designated as “Confidential Material” include:
a.

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Training Calendar, 2010-2014 (DEF 997-1023)

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Vallejo Police Department Training Program and Approved External

b.
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K9 use of force effectiveness statistics Dec. 2012 to Dec. 2014 (DEF 937)

Documents designated as “Confidential – Attorney’s Eyes Only” include:

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a.

Sean Kenney POST Profile report (DEF 912-918)

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b.

Mark Thompson POST Profile report. (DEF 923-926)

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c.

Waylon Boyce POST Profile report. (DEF 919-922)

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d.

Employee history – Officer Mark Thompson. Citizen Complaints and

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Administrative Investigations regarding alleged use of excessive force,

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allegations of dishonesty and/or planting evidence, and/or racial

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discrimination/racial profiling/disparate treatment, and Critical Incidents

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involving officer’s deployment of K9 resulting in injury or death, 2008-

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2012 (DEF 931-933)

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e.

Employee history – Waylon Boyce. Citizen Complaints and

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Administrative Investigations regarding alleged use of excessive force,

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allegations of dishonesty and/or planting evidence, and/or racial

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discrimination/racial profiling/disparate treatment, and Critical Incidents

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involving officer’s deployment of K9 resulting in injury or death, 2008-

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2012 (DEF 934-936)

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f.

Employee History- Detective Sean Kenney: Citizen Complaints and

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Administrative Investigations regarding alleged use of excessive force,

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allegations of dishonesty and/or planting evidence, and/or racial

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discrimination/racial profiling/disparate treatment, and Critical Incidents
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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involving officer’s discharge of firearm resulting in injury or death, 2008-

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2012 (DEF 927-930)

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g.

IA Report Barrett (DEF 938-940)

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h.

IA Report 2009 Thompson/Yago (DEF 941-996)

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3.

Counsel who receive documents designated as “Confidential – Attorney’s Eyes

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Only”, as well as information contained in such designated documents, may disclose such

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documents and/or information only subject to the provisions of this Stipulation and Order and only

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to the following persons:

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a.

Counsel for any party to this action.

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b.

Paralegal, stenographic, clerical and secretarial personnel regularly

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employed by counsel referred to in 4(a);

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c.

Court personnel including stenographic reporters engaged in such

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proceedings as are necessarily incidental to preparation for the trial of this

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action;

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d.

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Any outside expert or consultant retained in connection with this action,
and not otherwise employed by either party;

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e.

Any expert designated to testify at trial in this matter; and

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f.

The parties agree that at the time of trial Defendants may seek orders from

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the Court to prevent CONFIDENTIAL, ATTORNEYS’ EYES ONLY

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Materials disclosed during discovery from being made public during a jury

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trial.

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4.

Each person to whom disclosure of documents designated “Confidential – Attorney’s

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Eyes Only” is made, with the exception of counsel who are presumed to know of the contents of

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this protective order, shall, prior to disclosure: (1) be provided with a copy of this order by the

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person furnishing him/her such material, and (2) agree on the record or in writing that she/he has

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read the protective order and that she/he understand the provisions of the protective order. Such

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person must also consent to be subject to the jurisdiction of the United States District Court, Eastern

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District, with respect to any proceeding relating to the enforcement of this order. Defendants City
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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of Vallejo, W. Boyce, S. Kenney and M. Thompson shall be entitled to retain possession of the

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original writings described above. Nothing in this paragraph 3 is intended to prevent officials or

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employees of the City of Vallejo or other authorized government officials or any other persons from

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having access to the documents if they would have had access in the normal course of their job

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duties or rights as a citizen. Further, nothing in this order prevents a witness from disclosing event

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or activities personal to them, i.e., a witness can disclose to others previous information given to the

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City of Vallejo with respect to what she/he saw, heard, or otherwise sensed.

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5.

At the conclusion of the trial and of any appeal or upon other termination of this

litigation, all CONFIDENTIAL, ATTORNEYS’ EYES ONLY Material received under the

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provision of this order (including any copies made) shall be returned to the City of Vallejo and no

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copies of any so-designated material shall be retained by the attorneys for plaintiffs or any of their

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agents, employees, consultants or experts. Provisions of this order insofar as they restrict disclosure

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and use of the material shall be in effect until all documents designated “Confidential – Attorney’s

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Eyes Only” (including all copies thereof) are returned to defendants.

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6.

Any document filed with the Court that includes or otherwise incorporates material

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designated or derived from materials designated “Confidential – Attorney’s Eyes Only” shall be

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filed under seal pursuant to the procedures required by the F.R.C.P and/or applicable Local Rules of

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Court and labeled with a cover sheet as follows: “Barrett v. City of Vallejo, et al., United States

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District Court, Eastern District, Case No.: 2:13-CV-00846-JAM-CKD. This document is subject to

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a protective order issued by the Court and may not be copied or examined except in compliance

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with that order.” Documents so labeled shall be kept by the Clerk under seal and shall be made

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available only to the Court or counsel. Upon failure of the party to so file a document under seal,

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the producing party may request that the Court place the filing under seal.

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7.

The foregoing is without prejudice to the right of any party (a) to apply to the Court

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for a further protective order relating to designation of any other documents as “Confidential

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Material” and/or “Confidential – Attorney’s Eyes Only”; (b) to apply to the Court for an order

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removing the “Confidential Material” and/or “Confidential – Attorney’s Eyes Only” designation

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from any document; and (c) to apply to the Court for an order compelling production of documents
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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or modification of this order or for any order permitting disclosure of and material designated

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“Confidential Material” and/or “Confidential – Attorney’s Eyes Only” beyond the terms of this

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order.

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IT IS SO ORDERED.

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Dated: February 19, 2015

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER