Gilliam v. City of West Sacramento et al

Filing 27

STIPULATION and ORDER for Protective Order, signed by Magistrate Judge Allison Claire on 5/27/14. (Kastilahn, A)

Download PDF
1 2 3 4 5 6 7 BRUCE A. KILDAY, ESQ., SB No. 066415 Email: CARRIE A. FREDERICKSON, ESQ., SB No. 245199 Email: ANGELO, KILDAY & KILDUFF, LLP Attorneys at Law 601 University Avenue, Suite 150 Sacramento, CA 95825 Telephone: (916) 564-6100 Telecopier: (916) 564-6263 Attorneys for Defendants CITY OF WEST SACRAMENTO and Chief DAN DRUMMOND 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 19 ) Case No.: 2:13-cv-02276-WBS-AC ) Plaintiff, ) STIPULATION AND ORDER ) ) vs. ) CITY OF WEST SACRAMENTO, SERGIO ) ALVAREZ, DAN DRUMMOND and DOES 1 ) ) through 25. ) ) Defendants. ) ) This Protective Order (hereinafter “ORDER”) is entered into by and between 20 Plaintiffs and Defendants in this matter, through their counsel of record, as follows: 12 13 14 15 16 17 18 ROCHELLE L. GILLIAM, 21 22 1. Information and Matters Subject to this ORDER. This stipulation and order shall 23 govern all “CONFIDENTIAL” information (as defined hereafter) and all information derived 24 therefrom, including, but not limited to, all copies, excerpts or summaries thereof. 25 26 27 28 2. The term “CONFIDENTIAL” means any information designated as CONFIDENTIAL by the parties. Only the following information may be so designated: A. All documents in and information regarding personnel records, employment files, performance evaluations, physical/mental evaluations, -1STIPULATION AND ORDER 1 disciplinary action, citizen complaints, internal affairs investigations, and 2 all other employment-related writings regarding any employee or former 3 employee of the City of West Sacramento produced in this action. 4 Defendants will not disclose confidential personal information, including 5 but not limited to the home address, bank account number(s), Social 6 Security number, credit card number(s), driver’s license number, home 7 phone number, or other such personal, financial, or medical information of 8 any employee or former employee of the City of West Sacramento, and 9 before producing such will redact this information as necessary. 10 B. 11 12 3. All documents concerning the sexual history of Plaintiff. Confidential information may be disclosed only to the following persons: A. 14 Counsel of record, parties, and third party administrators; B. 13 Paralegal, stenographic, clerical and secretarial personnel employed by counsel of record; 15 C. 16 Court personnel, stenographic reporters, and videographers engaged in 17 such proceedings that are incidental to preparation for the trial in this 18 action; D. 19 20 Any outside expert or consultant retained by the parties for purposes of this litigation, and; 21 E. Witnesses to whom CONFIDENTIAL information may be disclosed 22 during a deposition taken in this matter or otherwise during the 23 preparation for trial and during trial, provided that the witness shall be 24 informed of and shall agree to be bound by the terms of this order. 25 26 27 28 4. Pursuant to Local Rule 141.1(c), the parties believe that a protective order is needed to protect the categories of documents identified in paragraph 2 above in light of the publicity that has been generated as a result of the alleged incidents alleged in this case and Defendant Alvarez’s criminal trial, to ensure that third parties (such as witnesses) who may -2STIPULATION AND ORDER 1 become involved in this case (e.g. by being deposed) do not disseminate the materials and 2 become subject to this Court’s jurisdiction should they not comply with the protective order, and 3 to ensure that the materials described in paragraph 2 that are disclosed in this case are not 4 available for use in related cases Wilson v. City of West Sacramento, et al, 2:13-cv-02550- 5 WBS-AC, and Ballard v. Alvarez, et al, Yolo County Superior Court Case No. P013-1831, 6 7 8 without the parties in those cases obtaining the materials from Defendants through appropriate discovery mechanisms in compliance with applicable state and federal law. 5. Any information sought to be protected is properly subject to protection under 9 FRCP Rule 26(c), and the parties and counsel shall not designate any discovery material 10 11 12 13 14 CONFIDENTIAL without first making a good faith determination that protection is warranted. Any party seeking protection under FRCP Rule 26(c) has the burden of proof to show that such protection is warranted. 6. The designation of information as CONFIDENTIAL shall be made, whenever 15 possible prior to production, by placing or affixing on each page of such material in a manner 16 that will not interfere with its legibility the words “CONFIDENTIAL,” or by the designation of 17 categories of documents as “CONFIDENTIAL.” If such designation is not possible prior to 18 production, the designation must be made by the producing party within thirty (30) days after 19 disclosure or within thirty (30) days after the parties have signed this agreement, whichever is 20 later. The information shall be treated as CONFIDENTIAL until the thirty (30) days has 21 elapsed. Within such thirty (30)-day period, the disclosing party must notify all PARTIES in 22 writing of the precise information sought to be designated as CONFIDENTIAL. In the event of 23 a mistake or inadvertent disclosure is discovered post-production, a subsequent designation of 24 CONFIDENTIAL shall be deemed effective as of the date of the notice. 25 26 27 28 7. If any party believes any designation of a document as CONFIDENTIAL is inappropriate, the parties will meet and confer and attempt to resolve the issue on an expedited basis. If the parties are unable to mutually agree on a resolution, the parties will submit the documents to the magistrate judge under seal to determine whether and to what extent such -3STIPULATION AND ORDER 1 information should be deemed CONFIDENTIAL. Additionally, the parties will provide the 2 Court with a joint statement containing a challenge to the designation and the opposing party’s 3 justification for the designation. 4 5 6 7 8 8. Disclosure of CONFIDENTIAL information. Each individual, other than counsel whose law firms are actual signatories to this ORDER, to whom CONFIDENTIAL information is furnished, shown, or disclosed, shall, prior to the time s/he receives access to such materials, be provided by counsel furnishing her/him such material a copy of this ORDER and agree to be bound by its terms, and shall certify that s/he has carefully read the ORDER and 9 fully understands its terms. Such person must also consent to be subject to the personal 10 11 12 13 14 15 16 jurisdiction of the United States District Court, Eastern District of California, with respect to any proceeding relating to enforcement of this ORDER, including any proceeding relating to contempt of court. The certificate shall be in the form attached hereto as Appendix A. Counsel making disclosure to any person as described herein shall retain the original executed copy of such certificate until final termination of this case. A. Disclosure during Depositions. In the event that CONFIDENTIAL 17 information is disclosed, revealed, utilized, examined or referred to during depositions, then only 18 persons permitted to receive such information by this ORDER, the deponent, and the court 19 reporter shall be present during the disclosure. If CONFIDENTIAL information is made 20 exhibits to, or if CONFIDENTIAL information is the subject of examination during, a 21 deposition, then arrangements will be made with the court reporter to separately bind those 22 exhibits and those portions of the transcript containing CONFIDENTIAL information, and each 23 page on which such CONFIDENTIAL information appears shall be stamped with the word 24 “CONFIDENTIAL.” 25 26 27 28 Those exhibits and transcript portions shall be placed in a sealed envelope or other appropriate sealed container on which shall be endorsed “Gilliam v. City of West Sacramento, et al., Confidential Pursuant to Order in Case No. 2:13-CV-02276-WBS-AC” and a statement substantially in the following form: “THIS ENVELOPE IS SEALED PURSUANT TO STIPULATED PROTECTIVE -4STIPULATION AND ORDER 1 ORDER OF COURT, IN “Gilliam v. City of West Sacramento, et al., UNITED STATES 2 DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA, CASE NO. 2:13-CV-02276- 3 WBS-AC, 4 GENERATED BY PARTIES TO THE PROCEEDING. IT IS NOT TO BE OPENED, OR THE 5 CONTENTS THEREOF TO BE DISCLOSED, EXCEPT TO QUALIFIED PERSONS AS 6 AND CONTAINS CONFIDENTIAL DOCUMENTS PRODUCED OR 7 DEFINED BY SAID ORDER.” Each court reporter participating in any deposition involving CONFIDENTIAL 8 information shall be informed of and provided with a copy of this ORDER and the appendix 9 hereto and shall be requested to sign a copy of said appendix. Furthermore, each court reporter 10 11 participating in any deposition involving CONFIDENTIAL information shall show a copy of 12 this ORDER to any other person participating in the preparation of any deposition transcript 13 and shall have such person sign a copy of said appendix. 14 B. 15 16 Papers Filed in Court. If any party wishes to file any document containing CONFIDENTIAL information with the court, that party shall file and serve a motion requesting 17 an order authorizing the filing of such documents under seal, or an order authorizing the 18 redaction of CONFIDENTIAL information from the documents. The motion shall be filed and 19 served in accordance with Local Rules 140 and/or 141. Upon the Court’s Order granting a 20 motion to file CONFIDENTIAL information under seal or to file redacted information, all 21 documents shall be filed or submitted to the Court in accordance with Local Rules 140 and/or 22 141. 23 C. Disclosure to Experts. In case of any disclosure to an expert, consultant, 24 or other qualified person under paragraph 3 above, the disclosing party shall make reasonable 25 efforts to ensure that the CONFIDENTIAL information disclosed is not disseminated in any 26 form to anyone by such expert, consultant, or other qualified person and that said 27 28 CONFIDENTIAL information and any copies or summaries thereof are returned in their entirety to the disclosing party after they are no longer needed in this action. -5STIPULATION AND ORDER 1 D. Disclosure of CONFIDENTIAL information to non-qualified persons. In 2 the event that any party desires CONFIDENTIAL information to be disclosed, discussed, or 3 made available to any person other than a qualified person listed in paragraph 3, such party shall 4 submit to opposing counsel a written statement specifically identifying the CONFIDENTIAL 5 information to be disclosed and the name, title, and business relationship of the persons with 6 7 8 whom they wish to communicate. Counsel for the opposing party shall have fifteen (15) calendar days from the date notice was served to object to the disclosure to any person identified in the notice. If the parties are unable to agree on the terms and conditions of the requested 9 disclosure, the party seeking disclosure may file and serve on opposing counsel a notice of 10 11 12 13 14 15 16 motion and motion for authority to make such disclosure. Such motion shall be filed and served pursuant to Local Rule 230. Unless opposing counsel responds timely in writing to the fifteen (15) day notification provided for above, the persons named in the notice shall, subject to the terms and conditions of this ORDER, be entitled to receive only that CONFIDENTIAL information specified in this notice. E. Disclosure to Author or Addressee. Nothing in this ORDER shall preclude the 17 disclosure of CONFIDENTIAL information to any person who authored, prepared, was an 18 addressee of, received a copy of, or participated in the preparation of such CONFIDENTIAL 19 information. 20 9. Further Protection. Nothing contained in this ORDER shall be deemed to 21 preclude any party at any time (a) from seeking and obtaining from the opposing party or the 22 Court, on appropriate showing, a further protective ORDER relating to CONFIDENTIAL 23 information or relating to any discovery in this case, (b) to apply to the Court for an ORDER 24 requiring the removal of the CONFIDENTIAL designation from any document pursuant to 25 26 27 28 Paragraph 7 above; and (c) to apply to the Court for any relief from a provision of this Stipulation and ORDER, upon good cause shown. Nothing in this ORDER shall be construed as preventing any party from making application to the Court for revision of the terms of this ORDER. -6STIPULATION AND ORDER 1 10. Contempt. Upon any violation of the provisions set forth in this ORDER, the 2 party asserting the violation may file and serve an appropriate motion seeking an order holding 3 the violating party either in contempt of this Court or in violation of this ORDER. 4 11. 5 6 7 8 General Provisions. A. This ORDER is the result of negotiations by attorneys for the parties and shall not be construed against any party or signatory to this ORDER because that party or their counsel may have drafted this ORDER in whole or in part. This ORDER shall be construed and interpreted fairly in accordance with its purpose and plain meaning. 9 B. This ORDER shall continue to be binding after the conclusion of this 10 11 12 litigation, except that a party may seek written permission from the opposing parties or further ORDER of the Court with respect to dissolution or modification of this ORDER. C. 13 14 Within thirty (30) days after the conclusion of this case, any and all original, copy, portion, version, or summary of any CONFIDENTIAL information materials in 15 the possession, control, and/or custody of any qualified person shall be returned. Counsel of 16 record for a party returning CONFIDENTIAL information shall verify by declaration under 17 oath that all such information has been returned and that it has not retained any such information 18 or derivatives therefrom. Counsel may retain copies of briefs filed with the Court and work 19 product so long as it is maintained in accordance with this ORDER. 20 D. Disclosure of CONFIDENTIAL information shall not constitute a waiver 21 of the attorney-client privilege, work-product doctrine, or any other applicable rights or 22 privilege. 23 24 25 26 27 28 E. Notices pursuant to this ORDER shall be sent to the attorneys for the parties listed on the signature page of this ORDER unless notified in writing of a change. F. This ORDER shall not constitute an admission by any of the parties that information identified as CONFIDENTIAL is in fact confidential or the subject of entitlement thereto. This ORDER is entered into solely to expedite discovery and meet the respective concerns of the parties. This ORDER shall not be considered an admission of validity to any -7STIPULATION AND ORDER 1 claim of confidentiality hereunder except as is necessary to enforce the terms of the ORDER as 2 provided herein. 3 The above is stipulated to by the respective counsel for the parties as follows: 4 5 Dated: May 27, 2014 THE ASHWORTH LAW OFFICE 6 /s/ James Ashworth By:_________________________________ JAMES ASHWORTH Attorney for Plaintiff 7 8 9 10 LONGYEAR, O’DEA & LAVRA, LLP Dated: May 27, 2014 11 /s/ John Lavra By:_____________________________ JOHN LAVRA AMANDA McDERMOTT Attorneys for Defendant SERGIO ALVAREZ 12 13 14 15 16 17 18 Dated: May 27, 2014 ANGELO, KILDAY & KILDUFF, LLP /s/ Bruce A. Kilday By:_________________________________ BRUCE A. KILDAY CARRIE A. FREDERICKSON Attorneys for Defendants CITY OF WEST SACRAMENTO and CHIEF DAN DRUMMOND 19 20 21 22 23 24 00082915.DOCX 25 26 27 28 -8STIPULATION AND ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 APPENDIX A 22 23 24 25 26 27 28 -9STIPULATION AND ORDER 1 I, _________________________, declare as follows: 2 1. 3 4 __________________________________________________________________________. 2. 5 6 The name, address and telephone number of my employer is: __________________________________________________________________________. 7 8 My home address and telephone number is ___________________________ 3. I have received a copy of the Stipulation Regarding Confidentiality and for Protective Order and Protective Order (hereinafter the “ORDER”) filed in the above-entitled 9 action. 10 11 4. I have carefully read and understand the terms of the ORDER. 12 5. I hereby agree to be bound by the terms of the ORDER. 6. During the pendency and after final resolution of this case, I will hold in 13 14 confidence and not disclose to anyone not qualified under the terms of the ORDER any 15 16 17 confidential writings, documents, things, information, or discovery disclosed to me. 7. I agree to be subject to the personal jurisdiction of the United States District 18 Court, Eastern District of California, with regard to any proceeding relating to the enforcement 19 of the ORDER. 20 21 22 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed this ____ day of __________ (month), ______ (year), at __________________ (city), California. 23 24 25 DATED: __________________ ______________________________ 26 27 28 -10STIPULATION AND ORDER ORDER 1 2 IT IS SO ORDERED. 3 4 Dated: May 27, 2014 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -11STIPULATION AND ORDER

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?