Perez v. City of Roseville, et al

Filing 20

STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 1/20/2015. (Zignago, K.)

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STACEY N. SHESTON, Bar No. 186016
[e-mail]
LAURA J. FOWLER, Bar No. 186097
[e-mail]
Best Best & Krieger LLP
500 Capitol Mall
Suite 1700
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
City of Roseville, Chief Daniel Hahn, Captain
Stefan Moore, and Lieutenant Cal Walstad

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UNITED STATES DISTRICT COURT

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LAW OFFICES OF
BEST BEST & KRIEGER LLP
500 CAPITOL MALL, SUITE 1700
SACRAMENTO, CA 95814

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EASTERN DISTRICT OF CALIFORNIA

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JANELLE PEREZ, an individual,

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Plaintiff,

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STIPULATION AND PROTECTIVE
ORDER

v.

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No. 2:13-cv-02150-GEB-DAD

CITY OF ROSEVILLE, ROSEVILLE
POLICE DEPARTMENT, CHIEF
DANIEL HAHN, an individual; CAPTAIN
STEPHAN MOORE, an individual; and
LIEUTENANT CAL WALSTAD, an
individual,

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Defendants.
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On or about October 16, 2013, Plaintiff Janelle Perez (“Plaintiff”) commenced this action,

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alleging a variety of claims arising out of the termination of her employment with the City of

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Roseville. She names as defendants the City of Roseville, Chief Daniel Hahn, Captain Stefan

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Moore (erroneously sued as “Stephan Moore”), and Lieutenant Cal Walstad (“Defendants”).1

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Plaintiff and Defendants are collectively referred to herein as “Parties.”

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Although Plaintiff also names “Roseville Police Department,” the Roseville Police Department is not a separate
entity, distinct from the City of Roseville.
PROTECTIVE ORDER
2:13-CV-02150-GEB-DAD

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RECITALS

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1.

The Parties to this action anticipate the exchange or disclosure of information

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which is treated as confidential by one or both of the Parties (including personnel information

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related to third parties).

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2.

To facilitate the discovery and disclosure of confidential information in the course

of this litigation, the Parties have agreed to enter into a protective order.

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It is hereby stipulated and agreed that, subject to the approval of the District Judge, the

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Court shall issue the following protective order to govern the handling of confidential material in

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these proceedings:

LAW OFFICES OF
BEST BEST & KRIEGER LLP
500 CAPITOL MALL, SUITE 1700
SACRAMENTO, CA 95814

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PROTECTIVE ORDER

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1.

The term “Confidential Material” shall mean information which is not publicly

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available, including, but not limited to, personnel information maintained by the City pertaining

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to individuals who are or were City employees and who are not parties to this lawsuit.

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2.

Any information, document, or thing produced in connection with this litigation

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that is reasonably believed by the producing party or any of the parties to contain such private

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information may be designated as Confidential Material. Such designation shall be made

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pursuant to a bona fide determination that such materials or information contain or reveal

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confidential personnel information. Such designation may be made by stamping or otherwise

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marking the material as “Confidential” or “Confidential Material Subject to Protective Order.”

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As used herein, Confidential Material can include: (a) all papers, tapes, documents (including

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answers to interrogatories or requests for admission), disks, diskettes, and other tangible things

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produced by or obtained from any person in connection with this litigation; (b) transcripts of

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depositions herein and exhibits thereto; and (c) all copies, extracts, and complete or partial

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summaries prepared from such papers, documents or things.

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3.

Counsel for Defendants and counsel for Plaintiff shall personally secure and

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maintain the protected documents in their possession to the end that said protected documents are

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to be used only for the purposes set forth below and for no other purpose.

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PROTECTIVE ORDER
2:13-CV-02150-GEB-DAD

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4.

The protected documents shall be used only in preparation for and in the

prosecution or defense of this case, pending completion of the judicial process, including appeal.

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Use of Confidential Material is limited to this particular matter. The Confidential Material shall

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not be used by Plaintiff or Plaintiff’s attorneys or any other individual in any other legal

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proceeding or for any other purpose. The protected documents will remain protected from

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disclosure after completion of the judicial process in this matter. Before filing any documents

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produced pursuant to this Protective Order with the Court, the filing party shall request to file the

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documents under seal in accordance with Local Rule 141, Local Rule 141.1, and the “good

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cause” standard articulated in Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 678 (9th Cir.

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LAW OFFICES OF
BEST BEST & KRIEGER LLP
500 CAPITOL MALL, SUITE 1700
SACRAMENTO, CA 95814

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2010). In the event the Court denies the request to file documents under seal, the filing party

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shall provide notice of that denial to all parties.

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5.

Protected documents can be filed with the Court in this matter – either under seal

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(if the request to file under seal is granted) or as a regular filing (if the request to file under seal is

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denied). Beyond filing documents with the Court in this matter, protected documents shall not be

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otherwise disseminated publicly or otherwise produced to any other individuals, entities, or

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parties. Under no circumstances shall the confidential information be used in any proceeding

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other than this action.

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6.

The parties and the attorneys for Defendants and the attorneys for Plaintiff,

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including any and all investigators, paralegal assistants or other consultants or agents hired to

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assist the attorneys for the parties in this action, shall at all times maintain the confidentially of all

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Confidential Information produced in this action.

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Information – either orally on by writing – into any file, computer program, or database, or list

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manually in any file, manual, notebook, listing, or other writing, except any computer program or

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case file, manual, notebook, listing, or other writing maintained specifically for this action. No

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one shall copy or divulge said information, either in writing or orally, except as authorized by this

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Protective Order.

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7.

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No one shall input any Confidential

If Confidential Material is disclosed at a deposition, only those persons who are

authorized by the terms of this order to receive such material may be present. The portions of the
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PROTECTIVE ORDER
2:13-CV-02150-GEB-DAD

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transcripts of all testimony designated as Confidential Material shall be separately bound by the

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reporter in booklets bearing the appropriate designation.

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designated as Confidential Material pursuant to this Order is used during the course of a

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deposition herein, that portion of the deposition record reflecting such material shall be stamped

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with the appropriate designation and access thereto shall be limited pursuant to the terms of this

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Order.

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If any document or information

If Confidential Material is inadvertently disclosed to any person other than in the

manner authorized by this Order, the party responsible for the disclosure must immediately

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inform the producing party of all pertinent facts relating to such disclosure and shall make every

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LAW OFFICES OF
BEST BEST & KRIEGER LLP
500 CAPITOL MALL, SUITE 1700
SACRAMENTO, CA 95814

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effort to obtain the return of the Confidential Material and to prevent disclosure by each

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unauthorized person who received such information.

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9.

At the conclusion of this action (after any appeals have been exhausted or the time

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for them has expired), the attorneys for the parties shall either destroy, or return to the producing

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party, all originals or copies of all Confidential Information produced in this action, including

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without limitation, any delivered by the attorneys for either party to any third party agent. The

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parties shall return any copies of any Confidential Material in their possession and produced in

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the course of this action to their respective attorneys for disposal as specified above.

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10.

Each person before receiving a copy of a protected document shall be given a copy

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of this Protective Order and a compliance agreement (in the form attached hereto as Exhibit A),

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and shall execute the compliance agreement and return the original of the compliance agreement

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to the attorney who gives him/her the copy of the protected document(s).

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responsibility of the respective attorneys to distribute compliance agreements and then collect and

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maintain custody of the executed originals of the compliance agreements. At the conclusion of

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the legal proceedings in this matter, each person who has received a copy of protected documents

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shall return all such protected documents to the attorneys for the party who gave him/her the copy

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of the protected documents.

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It shall be the

This Stipulation may be executed in counterparts, and fax copies shall constitute

good evidence of such execution.
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PROTECTIVE ORDER
2:13-CV-02150-GEB-DAD

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12.

Disobedience of this Protective Order may be treated as a Contempt of Court.

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IT IS SO STIPULATED.

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Dated: January 20, 2015

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BEST BEST & KRIEGER LLP
By:

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/s/Stacey N. Sheston
STACEY N. SHESTON
Attorneys for Defendants
City of Roseville, Chief Daniel Hahn, Captain
Stefan Moore and Lieutenant Cal Walstad

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LAW OFFICES OF
BEST BEST & KRIEGER LLP
500 CAPITOL MALL, SUITE 1700
SACRAMENTO, CA 95814

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Dated: January 14, 2015

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BY: /s/Sean D. O’Dowd (as authorized on 1/14/15)
PAUL Q. GOYETTE
Attorneys for Plaintiff
Janelle Perez

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GOYETTE & ASSOCIATES, INC.

ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: January 20, 2015

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Ddad1\orders.civil
perez2150.stip.prot.ord.doc

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PROTECTIVE ORDER
2:13-CV-02150-GEB-DAD

EXHIBIT “A”

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AGREEMENT TO BE BOUND BY STIPULATED PROTECTIVE ORDER

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I hereby acknowledge that I have carefully read the Stipulated Protective Order issued by

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the U.S. District Court (the “Court”), dated _________________, 2015 in the above-captioned

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case (the “Order”), and that I fully understand the terms of the Court’s Order, a copy of which is

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attached. I recognize that I am bound by the terms of that Order, and I agree to comply with

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those terms. I agree not to disclose information designated thereunder as “Confidential Material”

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to any person not entitled to access to such information. I further agree to use Confidential

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Material only in connection with this litigation, and not for any other purpose, including business,

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LAW OFFICES OF
BEST BEST & KRIEGER LLP
500 CAPITOL MALL, SUITE 1700
SACRAMENTO, CA 95814

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competitive or governmental purpose or function. I hereby consent to the jurisdiction of the

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Court to enforce that Order including, without limitation, any proceeding related to contempt of

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court.

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Executed this ____ day of ________________, 20___, at _________________________,
__________________________.

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Name:__________________________________________
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Affiliation:_______________________________________
Business Address:_______________________________________________________________

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Home Address:_________________________________________________________________

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PROTECTIVE ORDER
2:13-CV-02150-GEB-DAD