Rose, et al v. County of Sacramento, et al

Filing 15

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 6/24/14. (Meuleman, A)

1
2
3

LAW OFFICE OF STEWART KATZ
STEWART KATZ, State Bar #127425
555 University Avenue, Suite 270
Sacramento, California 95825
Telephone: [phone]

4
5
6
7
8
9
10
11
12
13

LAW OFFICE OF MOSELEY C. COLLINS, III
MOSELEY C. COLLINS, III, State Bar #92460
1700 Carnegie Way
El Dorado Hills, CA 95762
Telephone: [phone]
Attorneys for Plaintiffs
LONGYEAR, O’DEA & LAVRA, LLP
VAN LONGYEAR, SBN 84189
PETER C. ZILAFF, SBN 272658
3620 American River Drive, Suite 230
Sacramento, California 95864-5923
Tel: [phone] Fax: [phone]
Attorneys for Defendants

14

UNITED STATES DISTRICT COURT
15

EASTERN DISTRICT OF CALIFORNIA

16
17
18
19
20

Estate of JOHNATHAN ROSE, deceased, by
and through his parents THEODORE
MILTON ROSE and KAREN ROSE, as
successors in interest; THEODORE MILTON
ROSE, Individually; and KAREN ROSE,
individually.

21
22

Case No.: NO. 2:13-CV-01339-TLN-EFB

STIPULATED PROTECTIVE ORDER

Plaintiffs,
vs.

23
24
25
26

COUNTY OF SACRAMENTO; Sacramento
County Sheriff SCOTT JONES; Sacramento
County Sheriff’s Department Deputy DAVID
McENTIRE (Badge # 1356); and DOES 1
through 10, inclusive,

27
28

Defendants.
_________________________________/
1

STIPULATED PROTECTIVE ORDER

1

IT IS HEREBY STIPULATED by, among and between the parties to the above-captioned

2

action through their counsel of record, that the documents described herein may be designated as

3

“Confidential” and produced subject to the following Protective Order:

4

1.

5
6

(a)

(b)

(c)

(d)

Documents which reference any officer involved Shooting report or

investigation pertaining to the incident.

13
14

Documents which reference any officer involved shooting report or

investigation into the incident.

11
12

Documents which reference any Internal Affairs investigation into the

incident.

9
10

Documents identified in County of Sacramento’s FRCP (a)(1)(b) Rule 26

Disclosure.

7
8

Categories of documents described as follows:

(e)

Intra-departmental correspondence which references any Internal Affairs

investigation into the incident, including any correspondence titled or comprising a “Case Summary.”

15

(f)

Intra-departmental correspondence which references any officer involved

16

shooting report or investigation pertaining to the incident, including any correspondence titled or

17

comprising a “Case Summary.”

18

2.

The disclosed documents shall be used solely in connection with the civil action of Rose

19

v. County of Sacramento, et al., E.D. Cal. Case No. 2:13-cv-1339-TLN-EFB. The parties do not waive

20

any objections to the admissibility of the documents or portions thereof in future proceedings in this

21

action, including trial.

22

3.

A party may only designate as “Confidential” a document which it has determined in

23

good faith to be: (a) confidential or potentially invasive of an individual’s privacy interests; (b) not

24

generally known; and (c) not normally revealed to the public or third parties or, if disclosed to third

25

parties, such that third parties would be required to maintain the information in confidence. By

26

designating a document or portion thereof as “Confidential,” the party making the designation avers

27

that it can and would make a showing to the Court sufficient to justify entry of a protective order

28

covering that document or portion thereof under Federal Rule of Civil Procedure 26 and Eastern
2

STIPULATED PROTECTIVE ORDER

1

District of California Local Rule 141.1.

2

4.

A party producing the documents described herein may designate those documents as

3

confidential by affixing a mark labeling them “Confidential,” provided that such marking does not

4

obscure or obliterate the content of any record. If any confidential documents cannot be labeled with

5

this marking, those documents shall be placed in a sealed envelope or other container that is in turn

6

marked “Confidential” in a manner agreed upon by the disclosing and requesting parties.

7

5.

A party may apply to the Court for an order that information or materials labeled

8

“Confidential” are not, in fact, confidential. Prior to applying to the Court for such an order, the party

9

seeking to reclassify Confidential information shall meet and confer with the producing party. Until

10

the matter is resolved by the parties or the Court, the document in question shall continue to be treated

11

according to its designation under the terms of this Protective Order. The producing party shall have

12

the burden of establishing the propriety of the “Confidential” designation. A party shall not be

13

obligated to challenge the propriety of a confidentiality designation at the time made, and a failure to

14

do so shall not preclude a subsequent challenge thereto.

15
16

6.

only to the following persons:
(a)

17
18

21

All counsel of record and attorneys in the offices of counsel for any of the

Defendants in this action;
(b)

All counsel of record, and attorneys in the offices of counsel for Plaintiffs in this

(c)

19
20

Documents designated under this Protective Order as “Confidential” may be disclosed

Paralegal, clerical and secretarial personnel regularly employed by counsel

action;

22

referred to in subparts (a) and (b) immediately above, including stenographic deposition reporters or

23

videographers retained in connection with this action;

24
25

(d)

Court personnel, including stenographic reporters or videographers engaged in

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

26

(e)

Any expert, consultant or investigator retained in connection with this action;

27

(f)

The parties to this action;

28

(g)

The finder of fact at the time of trial, subject to the Court’s ruling on in limine
3

STIPULATED PROTECTIVE ORDER

1

motions and objections of counsel; and

2
3

(h)
7.

Witnesses during their depositions in this action.

Prior to the disclosure of any Confidential documents to any person identified in

4

Paragraph 6, each such recipient of Confidential documents shall be provided with a copy of this

5

Protective Order, which he or she shall read. Upon reading this Protective Order, such person shall

6

acknowledge in writing as follows:

7

I have read the Protective Order that applies in Rose v. County of Sacramento, et al.,

8

E.D. Cal. Case No. 2:13-cv-01339-TLN-EFB and shall abide by its terms. I consent to

9

be subject to the jurisdiction of the United States District Court for the Eastern District

10

of California, including without limitation in any proceeding for contempt.

11

8.

12

designated as “Confidential”:

13
14

The following procedures shall be utilized by the parties making copies of documents

(a)

The producing party shall provide one copy of the Confidential documents to the

receiving party.

15

(b)

The receiving party shall not furnish, disclose, or otherwise divulge any the

16

Confidential documents to any source, except those persons identified in Paragraph 6 herein, without

17

further order of the Court or authorization from counsel for the producing party.
(c)

18

If any document designated as “Confidential” pursuant to this Protective Order is

19

used or disclosed during the course of a deposition, that portion of the deposition record reflecting such

20

material shall be stamped with the appropriate designation and access shall be limited pursuant to the

21

terms of this Protective Order. The court reporter will be directed to bind those portions of the

22

transcript that contain discussion of the contents of the Confidential documents separately. The cover

23

of any portion of a deposition transcript that contains testimony or documentary evidence that has been

24

designated Confidential, including exhibits designated as “Confidential,” will be marked:

25

CONFIDENTIAL/SUBJECT TO PROTECTIVE ORDER.

26

9.

Should any documents designated “Confidential” be disclosed, through inadvertence or

27

otherwise, to any person not authorized to receive the documents under this Protective Order, the

28

disclosing person(s) shall promptly: (a) inform the producing party of the recipient(s) and the
4

STIPULATED PROTECTIVE ORDER

1

circumstances of the unauthorized disclosure, and (b) use best efforts to bind the recipient(s) to the

2

terms of this Protective Order.

3

inadvertently or unintentionally disclosed to a person not authorized to receive it under this Protective

4

Order.

5

10.

No document shall lose its Confidential status because it was

The Confidential Material produced pursuant to his Order will be redacted with respect

6

to (i) social security numbers; (ii) dates of birth; (iii) financial information (including account

7

numbers); and (iv) in all circumstances when federal law requires redaction. Each redaction must be

8
9

identified by showing what information has been redacted (e.g. “social security number,” etc.). This
provision complies with Eastern District Local rule 140.

10

11.

If Plaintiffs or Defendants would like to use Confidential Material in Court filings, at

11

least seven (7) days notice shall be given to all parties. Plaintiffs and Defendants shall comply with
12

the requirements of Eastern District local Rule 141, in the event that a party would like Confidential
13

Material to be sealed. The Parties agree to jointly request that any request to seal or remove the
14
15
16
17
18

designation of Confidential Information may be heard on shortened time and/or by telephone
conference with a showing of good cause. Any such request to shorten time shall comply with Local
Rule 144(e).
12.

Nothing in this Order shall in any way limit or prevent Confidential Material from being

19

used in any deposition or other proceeding in this action. In the event that any Confidential Material is

20

used in any deposition or other proceeding in this action it shall not lose its confidential status through

21

such use. If any Confidential Material is used in a deposition then arrangements shall made with the

22

court reporter to separately bind such portions of the transcript containing information designated as

23

“CONFIDENTIAL” and to label such portions appropriately.

24

13.

This order is entered for the purpose of facilitating the exchange or documents between

25

the parties to this action without involving the Court unnecessarily in the process. Nothing in this

26

Order, or the production of any document under the terms of this Order, shall be deemed to have the

27

effect of an admission or waiver by either party or of altering the confidentiality or non-confidentiality

28
5

STIPULATED PROTECTIVE ORDER

1

of any such document.

2
3
4
5

14.

Nothing in this Order shall in and of itself require disclosure of information that is

protected by the attorney-client privilege, work-product doctrine, or any other privilege, doctrine, or
immunity, nor does anything in this Order, result in any party giving up its right to argue that otherwise
privileged documents must be produced due to waiver or for any other reason.

6

15.

If Confidential Material produced in accordance with this Order is disclosed to any

7

person other than in the manner authorized by this Order, the party responsible for the disclosure shall
8

immediately bring all pertinent facts relating to such disclosure to the attention of all counsel of record
9

and without prejudice to their rights and remedies available to the producing party, make every effort to
10
11
12

obtain the return of the disclosed Confidential Material and prevent further disclosure of it by the
person who was the recipient of such information.
16.

13

After the conclusion of this litigation, all Confidential documents, in whatever form

14

stored or reproduced, will remain confidential. All documents produced pursuant to this Protective

15

Order shall be destroyed or returned to counsel for the producing party in a manner in which counsel

16

will be able to reasonably verify that all documents were returned. All parties agree to ensure that

17

Confidential documents disclosed to other persons shall be destroyed or returned to counsel for the

18

producing party. “Conclusion” of this litigation means a termination of the action following a trial (and

19

any subsequent appeal) or settlement, and entry of an order, judgment, or decree terminating this

20
21
22

action.
IT IS SO STIPULATED.
Dated: June 23, 2014

LAW OFFICE OF STEWART KATZ

23

By
24
25
26

/////

27

/s/ Stewart Katz
Stewart Katz (and on behalf of Moseley C. Collins, III)
Attorneys for Plaintiffs

/////

28
6

STIPULATED PROTECTIVE ORDER

1

Dated: June 23, 2014

LONGYEAR, O’DEA & LAVRA, LLP

2

By

3
4
5

/s/ Van Longyear
Van Longyear
Attorneys for Defendants

As modified, It is So Ordered.

6

DATED: June 24, 2014.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7

STIPULATED PROTECTIVE ORDER