Brown et al v. City of Stockton et al

Filing 26

STIPULATION and ORDER 25 to protect confidential information signed by Magistrate Judge Kendall J. Newman on 8/10/2015. Paragraph 8 is DISAPPROVED. Designation of a particular document as confidential pursuant to this Order does not automatically e ntitle parties to file such a document with Court under seal. Parties must comply with Local Rule 141 with respect to requests to seal documents. Pursuant to Local Rule 141.1(f), the Court will not retain jurisdiction over enforcement of terms of this Protective Order after action is terminated. Any provision to contrary in paragraph 11 is DISAPPROVED. (Marciel, M)

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JOHN M. LUEBBERKE, City Attorney
State Bar No. 164893
JAMES F. WILSON, Deputy City Attorney
State Bar No. 107289
425 N. El Dorado Street, 2nd Floor
Stockton, CA 95202
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
City of Stockton and Loreen Gamboa

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHAWNA BROWN, individually and as
successor-in-interest
for
Decedent
LUTHER BROWN; A.B., a minor, by
and through her guardian ad litem,
SHAWNA BROWN; D.P., a minor, by
and through her guardian ad litem, RITA
ALMENDAREZ; A.B., a minor, by and
through her guardian ad litem, RITA
ALMENDAREZ; D.P., a minor, by and
through his guardian ad litem, RITA
ALMENDAREZ; S.S.J., a minor, by and
through her guardian ad litem, GAYLE
JOHNSON; and QUEEN E. BROWN,
individually,
Plaintiffs,

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vs.

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CITY OF STOCKTON, a municipal
corporation; LOREEN GAMBOA,
individually; 'FNU' SCOTT, individually;
and DOES 1-50, inclusive, individually,
Defendants.

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Case No. 2-13-CV-01007-KJM-KJN
STIPULATION AND ORDER TO
PROTECT CONFIDENTIAL
INFORMATION

STIPULATION

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Plaintiffs SHAWNA BROWN, individually and as successor-in-interest for Decedent

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LUTHER BROWN; A.B., a minor, by and through her guardian ad litem, SHAWNA BROWN;

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D.P., a minor, by and through her guardian ad litem, RITA ALMENDAREZ; A.B., a minor, by

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and through her guardian ad litem, RITA ALMENDAREZ; D.P., a minor, by and through his

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guardian ad litem, RITA ALMENDAREZ; S.S.J., a minor, by and through her guardian ad litem,

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GAYLE JOHNSON; and QUEEN E. BROWN and Defendants CITY OF STOCKTON and
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STIPULATION AND ORDER TO PROTECT CONFIDENTIAL INFORMATION

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LOREEN GAMBOA, by and through their undersigned counsel of record, and subject to the

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approval of the court, stipulate to the following Protective Order as set forth below:

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1.

In connection with any discovery proceedings in this action, the parties may agree

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or the Court may direct that any document, thing, material, testimony or other information

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derived therefrom, be designated as “Confidential” under the terms of this Stipulated Protective

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Order (“Order”). Confidential information is information which has not been made public and is

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privileged and confidential and protected from public disclosure under applicable Federal or

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California State laws.

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2.

Confidential documents shall be so designated by stamping copies of the

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document produced to a party with the legend “CONFIDENTIAL.”

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“CONFIDENTIAL” on the cover of any multi-page document shall designate all pages of the

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document as confidential, unless otherwise indicated by the producing party.

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3.

Stamping the legend

Material designated as confidential under this Order, the information contained

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therein, and any summaries, copies, abstracts, or documents derived in whole or in part from

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material designated as confidential (“confidential material”) shall be used only for the purpose of

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the prosecution, defense, or settlement of this action (Shawna Brown, et al. v. City of Stockton, et

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al., Case Number 2-13-CV-01007-KJM-KJN), and for no other purpose.

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4.

Confidential material produced pursuant to this Order may be disclosed or made

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available only to the court, to counsel for a party (including the paralegal, clerical, and secretarial

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staff employed by such counsel) and to the “qualified persons” designated below:

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a.

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Experts or consultants (together with their clerical staff) retained by such
counsel to assist in the prosecution, defense or settlement of this action;

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b.

Court reporters employed in this action;

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c.

A witness at any deposition or proceedings in this action; and

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d.

Any other person as to whom the parties in writing agree.

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Prior to receiving any confidential material, each “qualified person” shall be

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provided with a copy of this Order and shall execute a non-disclosure agreement in the form of

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Attachment A, a copy of which shall be maintained by the counsel who is providing the
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STIPULATION AND ORDER TO PROTECT CONFIDENTIAL INFORMATION

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materials.

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5.

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The portion of any deposition in which confidential materials are discussed shall

be taken only in the presence of qualified persons, as defined above.
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Nothing herein shall impose any restrictions on the use or disclosure by a party of

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material obtained by such party independent of discovery in this action, whether or not such

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material is also obtained through discovery in this action, or from disclosing its own confidential

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material as it deems appropriate.

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7.

Receipt by any party of any confidential information does not constitute, nor is it

to be construed to be, a waiver of any privilege or evidentiary objection, State or Federal.
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If confidential material, including any portion of a deposition transcript designated

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as confidential is included in any papers to be filed in court, such papers shall be labeled

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“CONFIDENTIAL-SUBJECT TO COURT ORDER” and filed under seal until further order of

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this court. Each envelope containing confidential material shall be endorsed with the title and

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case number of this action, and indication of the nature of said sealed envelope, a legend

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“CONFIDENTIAL-DESIGNATED BY COUNSEL,” and a statement substantially in the

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following form: “This envelope containing documents which are filed in this case is not to be

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opened, nor the contents thereof to be displayed or revealed except by order of the court.”

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Except, however, that any papers served on counsel for the parties need not include separate

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sealed envelopes for confidential materials.

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9.

This Order shall be without prejudice to the right of the parties 1) to bring before

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the court at any time the question of whether any particular document or information is

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confidential or whether its use shall be restricted; or 2) to present a motion to the court under

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Federal Rule of Civil Procedure 26(c) for a separate protective order as to any particular

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document or information, including restrictions different from those as specified herein. This

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Order shall not be deemed to prejudice the parties in any way in any future application for

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modification of this Order.

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10.

Nothing in this Order nor the production of any information or document under

the terms of this Order nor any proceedings pursuant to this Order, shall be deemed to have the
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STIPULATION AND ORDER TO PROTECT CONFIDENTIAL INFORMATION

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effect of an admission or waiver of objections or privileges by either party or of altering the

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confidentiality or non-confidentiality of any such document or information or altering any

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existing right or obligation of any party or the absence thereof.

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11.

This Order shall survive the final termination of this action, to the extent that the

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information contained in confidential material is not or does not become known to the public and

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the court shall retain jurisdiction to resolve any dispute concerning the use of information

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disclosed hereunder. Within ninety (90) days of the dismissal or entry of final judgment in this

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action, whichever occurs first, each party shall return to the producing party all confidential

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materials and any and all copies thereof.

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IT IS SO STIPULATED.

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Dated:

JOHN M. LUEBBERKE
CITY ATTORNEY

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BY
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/s/ James F. Wilson
JAMES F. WILSON
Deputy City Attorney

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Attorneys for Defendants
CITY OF STOCKTON, et al.

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Dated:

LAW OFFICES OF JOHN L. BURRIS

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By____/s/ Benjamin Nisenbaum
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BENJAMIN NISENBAUM, Esq.
Attorneys for Plaintiffs

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED, EXCEPT THAT:

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1. Paragraph 8 is DISAPPROVED. The designation of a particular document as

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confidential pursuant to this order does not automatically entitle the parties to file

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such a document with the court under seal. The parties must comply with Local

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Rule 141 with respect to requests to seal documents.

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STIPULATION AND ORDER TO PROTECT CONFIDENTIAL INFORMATION

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2. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over

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enforcement of the terms of this protective order after the action is terminated. Any

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provision to the contrary in paragraph 11 is DISAPPROVED.

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IT IS SO ORDERED.
Dated: August 10, 2015

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STIPULATION AND ORDER TO PROTECT CONFIDENTIAL INFORMATION

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ATTACHMENT A

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NON-DISCLOSURE AGREEMENT

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I,

, do solemnly swear that I am fully familiar with the terms

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of the Stipulated Protective Order entered in Shawna Brown, et al. v. City of Stockton, et al.,

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United States District Court for the Eastern District of California Case Number 2-13-CV-01007-

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KJM-KJN, and hereby agree to comply with and be bound by the terms and conditions of said

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Order, unless and until modified by further Order of this Court.

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jurisdiction of said Court for purposes of enforcing this Order.

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Dated:

I hereby consent to the

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STIPULATION AND ORDER TO PROTECT CONFIDENTIAL INFORMATION