Johnson et al v. The City of Vallejo et al

Filing 58

SECOND STIPULATION AND PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 10/31/14. (Kaminski, H)

1
2
3
4
5
6
7
8
9
10
11
12
13

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]
Attorneys for Defendants City of Vallejo, Officer Dustin B. Joseph,
Officer Sean G. Kenney and Vallejo Chief of Police Joseph M. Kreins

14
UNITED STATES DISTRICT COURT
15
FOR THE EASTERN DISTRICT OF CALIFORNIA
16
17
18
19

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,

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

20
Plaintiffs,
21
SECOND STIPULATION AND

v.
22
23
24
25

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
OFPOLICE JOSEPH M. KREINS, an
individual and DOES 1-5, inclusive,

[PROPOSED] PROTECTIVE ORDER

26
Defendants.
27
28

AND CONSOLIDATED ACTIONS
1

1

IT IS HEREBY STIPULATED BY ALL PARTIES to this action by and through their attorneys of record,

2

that in order to protect the confidentiality of the records described below, any of said records disclosed are

3

designated as "Confidential Material" pursuant to the protective order previously entered by this court

4

(Docket No. 13) or designated "Confidential- Attorney's Eyes Only" in this Stipulation and Order as

5

follows:

6

1.

7

Documents designated as "Confidential Material" include:
a.

8
9

Vallejo Police Department Training Program and Approved External
Training Calendar, 20 I 0-2014 (DEF 1184 - 121 0.)

2.

Documents designated as "Confidential- Attorney's Eyes Only" include:

10

a.

Sean Kenney Post Profile report (DEF 1157- 1161)

11

b.

Sean Kenney Vallejo Police Department Individual Training Activity.

12

(DEF 1162 - 1163)

13

c.

Dustin Joseph Post Profile report. (DEF 1164 - 1167)

14

d.

Dustin Joseph Vallejo Police Department Individual Training Activity.

15
16

(DEF 1168 - 1171)
e.

Employee history- Corporal Dustin Joseph: Citizen Complaints and

17

Administrative Investigations regarding alleged use of excessive force,

18

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

19

discrimination/racial profiling/disparate treatment, and Critical Incidents

20

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

21

2012 (DEF 1173 - 1179)

22

f.

Employee History- Detective Sean Kenney: Citizen Complaints and

23

Administrative Investigations regarding alleged use of excessive force,

24

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

25

discrimination/racial profiling/disparate treatment, and Critical Incidents

26

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

27

2012 (DEF 1180 - 1183)

28

g.

Gang Intelligence Report: Lofus Related Gangsters. (DEF 1211 - 1225)
2

1

h.

LRG video (DEF 1226)

2

i.

Documents relating to Dustin Joseph's promotion to Corporal. (DEF 1227-

3
4

1233)
3.

Counsel who receive documents designated as "Confidential- Attorney's Eyes

5

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

6

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

7

only to the following persons:

8

a.

Counsel for any party to this action.

9

b.

Paralegal, stenographic, clerical and secretarial personnel regularly

10

employed by counsel referred to in 4(a);

11

c.

Court personnel including stenographic reporters engaged in such

12

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

13

action;

14

d.

15

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

16

e.

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

17

f.

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

18

the Court to prevent CONFIDENTIAL, ATTORNEYS' EYES ONLY

19

Materials disclosed during discovery from being made public during a jury

20

trial.

21

4.

Each person to whom disclosure of documents designated "Confidential-

22

Attorney's Eyes Only" is made, with the exception of counsel who are presumed to know of the

23

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

24

order by the person furnishing him/her such material, and (2) agree on the record or in writing

25

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

26

protective order. Such person must also consent to be subject to the jurisdiction of the United

27

States District Court, Eastern District, with respect to any proceeding relating to the enforcement

28

of this order. Defendants City of Vallejo, D. Joseph, S. Kenney and J. Kreins shall be entitled to
3

1

retain possession of the original writings described above. Nothing in this paragraph 3 is intended

2

to prevent officials or employees of the City of Vallejo or other authorized government officials

3

or any other persons from having access to the documents if they would have had access in the

4

normal course of their job duties or rights as a citizen. Further, nothing in this order prevents a

5

witness from disclosing event or activities personal to them, i.e., a witness can disclose to others

6

previous information given to the City of Vallejo with respect to what she/he saw, heard, or

7

otherwise sensed.

8

5.

9

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

10

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

11

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

12

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

13

disclosure and use of the material shall be in effect until all documents designated "Confidential-

14

Attorney's Eyes Only" (including all copies thereof) are returned to defendants.

15

6.

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

16

designated or derived from materials designated "Confidential- Attorney's Eyes Only" shall be

17

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

18

of Court and labeled with a cover sheet as follows: "Johnson v. City of Vallejo, et al., United

19

States District Court, Eastern District, Case No.: 2: 13-CV -0 I 072-JAM-KJN. This document is

20

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

21

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

22

be made available only to the Court or counsel. Upon failure of the party to so file a document

23

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

24

7.

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

25

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

26

"Confidential Material" and/or "Confidential- Attorney's Eyes Only"; (b) to apply to the Court for

27

an order removing the "Confidential Material" and/or "Confidential- Attorney's Eyes Only"

28

designation from any document; and (c) to apply to the Court for an order compelling production
4

1

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

2

designated "Confidential Material" and/or "Confidential- Attorney's Eyes Only" beyond the terms

3

of this order.

4
5

Dated: October 28, 2014

6

JONES & DYER
By:____________________________
Mark A. Jones
Kristen K. Preston
Attorneys for Defendants City of Vallejo,
D. Joseph, S. Kenney and J. Kreins

7
8
9
10

Dated: October 29, 2014

11

CITY OF VALLEJO
By:_____________________________
Claudia Quintana
Kelly J. Trujillo
Attorneys for Defendants City of Vallejo,
D. Joseph, S. Kenny, and J. Kreins

12
13
14
15
16

Dated: October 28 , 2014

BOWLES & VERNA LLP
By:_______________________________
MICHAEL P. VERNA
LAWRENCE D. GOLDBERG
Attorneys for Plaintiffs JOSEPH L.
JOHNSON and CYNTHIA A. MITCHELL

17
18
19
20
21

Dated: October 28, 2014

22

By:________________________________
Matthew D. Haley
Catherine Haley
Attorneys for Plaintiffs

23
24
25
26
27
28

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

Dated: October 28, 2014

LAW OFFICE OF FULVIO F. CAJINA
By:_________________________________
Fulvio F. Cajina
Attorney for Plaintiffs
5

1
2

IT IS SO ORDERED.
Dated: October 31, 2014

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6