Johnson et al v. The City of Vallejo et al
Filing
50
STIPULATION and ORDER Regarding Data Recovery form Cellular Phones, signed by Magistrate Judge Kendall J. Newman on 10/29/14. (Kastilahn, A)
1
2
3
4
5
6
7
8
9
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
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
10
11
Attorneys for Defendants City of Vallejo, Officer Dustin B. Joseph,
Officer Sean G. Kenney and Vallejo Chief of Police Joseph M. Kreins
12
IN THE UNITED STATES DISTRICT COURT
13
EASTERN DISTRICT OF CALIFORNIA
14
15
16
17
JOSEPH L. JOHNSON, an individual,
CYNTHIA A. MITCHELL, an individual,
and as successor-in-interest and personal
representative of decedent MARIO D.S.M.
ROMERO,
18
Plaintiffs,
19
23
THE CITY OF VALLEJO, a municipality
and charter city, POLICE OFFICER
DUSTIN B. JOSEPH, an individual,
POLICE OFFICER SEAN G. KENNEY,
an individual, VALLEJO CHIEF OF
POLICE JOSEPH M. KREINS, an
individual and DOES 1-5, inclusive,
24
STIPULATION
AND
[PROPOSED]
ORDER RE DATA RECOVERY FROM
CELLULAR TELEPHONES
vs.
20
Case No.: 2:13-CV-01072-JAM-KJN
(Consolidated with Case No.: 2:13-CV02060-JAM-KJN)
Defendants.
21
22
25
26
AND CONSOLIDATED ACTIONS
___________________________________
27
28
The parties to this action hereby stipulate to the procedure set forth below for transferring
cellular telephones described in Report No. 1211085.6 as Property Items 15 and 16 consisting of a NW5
1
STIPULATION AND [PROPOSED] ORDER
1
Samsung Metro PCS cell phone and a NW6 Metro PCS cell phone from the Vallejo Police Department
2
to the forensic examiner designated in the Order below for the purpose of data recovery within the scope
3
described in the Order. All the parties stipulate to the foregoing and to the chain of custody identified in
4
the Order as follows:
5
6
7
GOOD CAUSE having been made to appear and pursuant to the stipulation of all counsel it is
ordered that:
The Vallejo Police Department will release to Jones & Dyer cellular telephones described in
8
Report No. 1211085.6 as Property Items 15 and 16 consisting of a NW5 Samsung Metro PCS cell phone
9
and a NW6 Metro PCS cell phone. A representative of Jones & Dyer will sign a receipt for the evidence
10
to maintain the chain of custody. A representative of Jones & Dyer will then deliver the evidence to
11
California Data Recovery, Inc. at 9139 Haverton Court, Elk Grove, California. A representative of
12
California Data Recovery, Inc. will sign a receipt for the evidence to maintain chain of custody. Upon
13
receipt of the evidence, a certified forensic examiner will retrieve available data from each cellular
14
telephone including but not limited to text messages, instant messages, telephone numbers, voice mail
15
messages or any other retrievable data for the period including from September 1, 2012 at 4:30 a.m. to
16
September 3, 2012 at 4:30 a.m.
17
Upon completion of the data recovery, a report detailing the results and content shall be
18
simultaneously sent by California Data Recovery, Inc. to counsel of record. The report detailing the
19
results and content of data retrieved shall be designated “Confidential Material” pursuant to the
20
Protective Order previously issued by this court [Docket No. 13] except that the report may be disclosed
21
only to the following persons:
22
a.
Counsel for any party to this action.
23
b.
Paralegal, stenographic, clerical and secretarial personnel regularly
24
25
employed by counsel referred to in 4(a);
c.
Court personnel including stenographic reporters engaged in such
26
proceedings as are necessarily incidental to preparation for the trial of this
27
action;
28
2
STIPULATION AND [PROPOSED] ORDER
1
d.
2
Any outside expert or consultant retained in connection with this action,
and not otherwise employed by either party; and
3
e.
4
The parties agree that at the time of trial Plaintiffs may seek orders from the Court to prevent
5
Any expert designated to testify at trial in this matter.
confidential materials disclosed during discovery from being made public during a jury trial.
6
After the completion of the data recovery, the evidence will be returned to and maintained by the
7
Vallejo Police Department. A representative of the Vallejo Police Department will sign a receipt for the
8
evidence to maintain chain of custody.
9
All fees for the above-referenced data retrieval are to be paid by Jones & Dyer.
10
No objection shall be raised by any party regarding admissibility at trial of the evidence related
11
to the data recovery described in this order on the basis that the data recovery and production of the
12
report occur after the close of discovery. All other objections to admissibility of evidence pertaining to
13
the data recovery described in this order are preserved.
14
Dated: October 28, 2014
JONES & DYER
15
16
By:
17
18
19
20
Dated: October 28, 2014
/s/ Kristen K. Preston
Mark A. Jones
Kristen K. Preston
Attorneys for Defendants City of Vallejo,
D. Joseph, S. Kenney and J. Kreins
CITY OF VALLEJO
21
22
By:
23
24
/s/ Kelly J. Trujillo
Claudia Quintana
Kelly J. Trujillo
Attorneys for Defendants City of Vallejo,
D. Joseph, S. Kenny, and J. Kreins
25
26
///
27
///
28
///
3
STIPULATION AND [PROPOSED] ORDER
.
1
Dated: October 28, 2014
BOWLES & VERNA LLP
2
By:
3
4
/s/ William Nagle
Lawrence Goldberg
William Nagle
Attorneys for Plaintiffs
.
5
6
Dated: October 28, 2014
THE HALEY LAW OFFICES, P.C.
LAW OFFICES OF CATHERINE HALEY
7
8
By: /s/ Matthew D. Haley
Matthew D. Haley
Catherine Haley
Attorneys for Plaintiffs
9
10
.
11
12
Dated: October 28, 2014
LAW OFFICE OF FULVIO F. CAJINA
13
14
By: /s/ Fulvio F. Cajina
Fulvio F. Cajina
Attorney for Plaintiffs
15
16
17
ORDER
18
19
IT IS SO ORDERED.
20
21
Dated: October 29, 2014
22
23
24
25
26
27
28
4
STIPULATION AND [PROPOSED] 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?