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)

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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, Officer Dustin B. Joseph,
Officer Sean G. Kenney and Vallejo Chief of Police Joseph M. Kreins

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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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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,

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Plaintiffs,

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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,

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STIPULATION
AND
[PROPOSED]
ORDER RE DATA RECOVERY FROM
CELLULAR TELEPHONES

vs.

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Case No.: 2:13-CV-01072-JAM-KJN
(Consolidated with Case No.: 2:13-CV02060-JAM-KJN)

Defendants.

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AND CONSOLIDATED ACTIONS
___________________________________

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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
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STIPULATION AND [PROPOSED] ORDER

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Samsung Metro PCS cell phone and a NW6 Metro PCS cell phone from the Vallejo Police Department

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to the forensic examiner designated in the Order below for the purpose of data recovery within the scope

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described in the Order. All the parties stipulate to the foregoing and to the chain of custody identified in

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the Order as follows:

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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

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Report No. 1211085.6 as Property Items 15 and 16 consisting of a NW5 Samsung Metro PCS cell phone

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and a NW6 Metro PCS cell phone. A representative of Jones & Dyer will sign a receipt for the evidence

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to maintain the chain of custody. A representative of Jones & Dyer will then deliver the evidence to

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California Data Recovery, Inc. at 9139 Haverton Court, Elk Grove, California. A representative of

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California Data Recovery, Inc. will sign a receipt for the evidence to maintain chain of custody. Upon

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receipt of the evidence, a certified forensic examiner will retrieve available data from each cellular

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telephone including but not limited to text messages, instant messages, telephone numbers, voice mail

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messages or any other retrievable data for the period including from September 1, 2012 at 4:30 a.m. to

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September 3, 2012 at 4:30 a.m.

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Upon completion of the data recovery, a report detailing the results and content shall be

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simultaneously sent by California Data Recovery, Inc. to counsel of record. The report detailing the

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results and content of data retrieved shall be designated “Confidential Material” pursuant to the

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Protective Order previously issued by this court [Docket No. 13] except that the report may be disclosed

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only 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);
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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STIPULATION AND [PROPOSED] ORDER

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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; and

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e.

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The parties agree that at the time of trial Plaintiffs may seek orders from the Court to prevent

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Any expert designated to testify at trial in this matter.

confidential materials disclosed during discovery from being made public during a jury trial.

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After the completion of the data recovery, the evidence will be returned to and maintained by the

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Vallejo Police Department. A representative of the Vallejo Police Department will sign a receipt for the

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evidence to maintain chain of custody.

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All fees for the above-referenced data retrieval are to be paid by Jones & Dyer.

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No objection shall be raised by any party regarding admissibility at trial of the evidence related

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to the data recovery described in this order on the basis that the data recovery and production of the

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report occur after the close of discovery. All other objections to admissibility of evidence pertaining to

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the data recovery described in this order are preserved.

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Dated: October 28, 2014

JONES & DYER

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By:

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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

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By:

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/s/ Kelly J. Trujillo
Claudia Quintana
Kelly J. Trujillo
Attorneys for Defendants City of Vallejo,
D. Joseph, S. Kenny, and J. Kreins

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///

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///

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STIPULATION AND [PROPOSED] ORDER

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Dated: October 28, 2014

BOWLES & VERNA LLP

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By:

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/s/ William Nagle
Lawrence Goldberg
William Nagle
Attorneys for Plaintiffs

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Dated: October 28, 2014

THE HALEY LAW OFFICES, P.C.
LAW OFFICES OF CATHERINE HALEY

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By: /s/ Matthew D. Haley
Matthew D. Haley
Catherine Haley
Attorneys for Plaintiffs

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Dated: October 28, 2014

LAW OFFICE OF FULVIO F. CAJINA

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By: /s/ Fulvio F. Cajina
Fulvio F. Cajina
Attorney for Plaintiffs

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ORDER

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IT IS SO ORDERED.

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Dated: October 29, 2014

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STIPULATION AND [PROPOSED] ORDER

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