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)

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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: (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 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

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