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)

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BRUCE A. KILDAY, ESQ., SB No. 066415
Email: [e-mail]
CARRIE A. FREDERICKSON, ESQ., SB No. 245199
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]
Telecopier: [phone]

Attorneys for Defendants CITY OF WEST SACRAMENTO and Chief DAN DRUMMOND

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) 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

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Plaintiffs and Defendants in this matter, through their counsel of record, as follows:

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ROCHELLE L. GILLIAM,

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1.

Information and Matters Subject to this ORDER. This stipulation and order shall

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govern all “CONFIDENTIAL” information (as defined hereafter) and all information derived

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therefrom, including, but not limited to, all copies, excerpts or summaries thereof.

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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,
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disciplinary action, citizen complaints, internal affairs investigations, and

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all other employment-related writings regarding any employee or former

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employee of the City of West Sacramento produced in this action.

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Defendants will not disclose confidential personal information, including

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but not limited to the home address, bank account number(s), Social

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Security number, credit card number(s), driver’s license number, home

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phone number, or other such personal, financial, or medical information of

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any employee or former employee of the City of West Sacramento, and

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before producing such will redact this information as necessary.
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B.

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3.

All documents concerning the sexual history of Plaintiff.

Confidential information may be disclosed only to the following persons:
A.

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Counsel of record, parties, and third party administrators;

B.

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Paralegal, stenographic, clerical and secretarial personnel employed by
counsel of record;

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C.

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Court personnel, stenographic reporters, and videographers engaged in

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such proceedings that are incidental to preparation for the trial in this

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action;
D.

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Any outside expert or consultant retained by the parties for purposes of
this litigation, and;

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E.

Witnesses to whom CONFIDENTIAL information may be disclosed

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during a deposition taken in this matter or otherwise during the

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preparation for trial and during trial, provided that the witness shall be

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informed of and shall agree to be bound by the terms of this order.

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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
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become involved in this case (e.g. by being deposed) do not disseminate the materials and

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become subject to this Court’s jurisdiction should they not comply with the protective order, and

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to ensure that the materials described in paragraph 2 that are disclosed in this case are not

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available for use in related cases Wilson v. City of West Sacramento, et al, 2:13-cv-02550-

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WBS-AC, and Ballard v. Alvarez, et al, Yolo County Superior Court Case No. P013-1831,

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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

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FRCP Rule 26(c), and the parties and counsel shall not designate any discovery material
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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

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possible prior to production, by placing or affixing on each page of such material in a manner

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that will not interfere with its legibility the words “CONFIDENTIAL,” or by the designation of

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categories of documents as “CONFIDENTIAL.” If such designation is not possible prior to

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production, the designation must be made by the producing party within thirty (30) days after

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disclosure or within thirty (30) days after the parties have signed this agreement, whichever is

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later. The information shall be treated as CONFIDENTIAL until the thirty (30) days has

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elapsed. Within such thirty (30)-day period, the disclosing party must notify all PARTIES in

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writing of the precise information sought to be designated as CONFIDENTIAL. In the event of

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a mistake or inadvertent disclosure is discovered post-production, a subsequent designation of

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CONFIDENTIAL shall be deemed effective as of the date of the notice.

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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
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information should be deemed CONFIDENTIAL. Additionally, the parties will provide the

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Court with a joint statement containing a challenge to the designation and the opposing party’s

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justification for the designation.

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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

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fully understands its terms.

Such person must also consent to be subject to the personal

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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

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information is disclosed, revealed, utilized, examined or referred to during depositions, then only

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persons permitted to receive such information by this ORDER, the deponent, and the court

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reporter shall be present during the disclosure. If CONFIDENTIAL information is made

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exhibits to, or if CONFIDENTIAL information is the subject of examination during, a

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deposition, then arrangements will be made with the court reporter to separately bind those

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exhibits and those portions of the transcript containing CONFIDENTIAL information, and each

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page on which such CONFIDENTIAL information appears shall be stamped with the word

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“CONFIDENTIAL.”

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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
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ORDER OF COURT, IN “Gilliam v. City of West Sacramento, et al., UNITED STATES

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DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA, CASE NO. 2:13-CV-02276-

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WBS-AC,

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GENERATED BY PARTIES TO THE PROCEEDING. IT IS NOT TO BE OPENED, OR THE

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CONTENTS THEREOF TO BE DISCLOSED, EXCEPT TO QUALIFIED PERSONS AS

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AND

CONTAINS

CONFIDENTIAL

DOCUMENTS

PRODUCED

OR

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DEFINED BY SAID ORDER.”
Each court reporter participating in any deposition involving CONFIDENTIAL

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information shall be informed of and provided with a copy of this ORDER and the appendix

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hereto and shall be requested to sign a copy of said appendix. Furthermore, each court reporter

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participating in any deposition involving CONFIDENTIAL information shall show a copy of

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this ORDER to any other person participating in the preparation of any deposition transcript

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and shall have such person sign a copy of said appendix.

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B.

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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

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an order authorizing the filing of such documents under seal, or an order authorizing the

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redaction of CONFIDENTIAL information from the documents. The motion shall be filed and

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served in accordance with Local Rules 140 and/or 141. Upon the Court’s Order granting a

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motion to file CONFIDENTIAL information under seal or to file redacted information, all

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documents shall be filed or submitted to the Court in accordance with Local Rules 140 and/or

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141.

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C.

Disclosure to Experts. In case of any disclosure to an expert, consultant,

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or other qualified person under paragraph 3 above, the disclosing party shall make reasonable

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efforts to ensure that the CONFIDENTIAL information disclosed is not disseminated in any

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form to anyone by such expert, consultant, or other qualified person and that said

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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.
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D.

Disclosure of CONFIDENTIAL information to non-qualified persons. In

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the event that any party desires CONFIDENTIAL information to be disclosed, discussed, or

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made available to any person other than a qualified person listed in paragraph 3, such party shall

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submit to opposing counsel a written statement specifically identifying the CONFIDENTIAL

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information to be disclosed and the name, title, and business relationship of the persons with

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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

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disclosure, the party seeking disclosure may file and serve on opposing counsel a notice of
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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

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disclosure of CONFIDENTIAL information to any person who authored, prepared, was an

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addressee of, received a copy of, or participated in the preparation of such CONFIDENTIAL

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information.

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9.

Further Protection.

Nothing contained in this ORDER shall be deemed to

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preclude any party at any time (a) from seeking and obtaining from the opposing party or the

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Court, on appropriate showing, a further protective ORDER relating to CONFIDENTIAL

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information or relating to any discovery in this case, (b) to apply to the Court for an ORDER

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requiring the removal of the CONFIDENTIAL designation from any document pursuant to

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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.
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10.

Contempt. Upon any violation of the provisions set forth in this ORDER, the

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party asserting the violation may file and serve an appropriate motion seeking an order holding

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the violating party either in contempt of this Court or in violation of this ORDER.

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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.

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B.

This ORDER shall continue to be binding after the conclusion of this

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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.

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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

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the possession, control, and/or custody of any qualified person shall be returned. Counsel of

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record for a party returning CONFIDENTIAL information shall verify by declaration under

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oath that all such information has been returned and that it has not retained any such information

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or derivatives therefrom. Counsel may retain copies of briefs filed with the Court and work

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product so long as it is maintained in accordance with this ORDER.

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D.

Disclosure of CONFIDENTIAL information shall not constitute a waiver

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of the attorney-client privilege, work-product doctrine, or any other applicable rights or

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privilege.

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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
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claim of confidentiality hereunder except as is necessary to enforce the terms of the ORDER as

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provided herein.

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The above is stipulated to by the respective counsel for the parties as follows:

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Dated: May 27, 2014

THE ASHWORTH LAW OFFICE

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/s/ James Ashworth
By:_________________________________
JAMES ASHWORTH
Attorney for Plaintiff

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LONGYEAR, O’DEA & LAVRA, LLP

Dated: May 27, 2014

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/s/ John Lavra
By:_____________________________
JOHN LAVRA
AMANDA McDERMOTT
Attorneys for Defendant SERGIO
ALVAREZ

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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

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00082915.DOCX

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APPENDIX A

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I, _________________________, declare as follows:

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1.

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__________________________________________________________________________.
2.

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The name, address and telephone number of my employer is:

__________________________________________________________________________.

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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

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action.
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4.

I have carefully read and understand the terms of the ORDER.

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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

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confidence and not disclose to anyone not qualified under the terms of the ORDER any
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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

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Court, Eastern District of California, with regard to any proceeding relating to the enforcement

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of the ORDER.

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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.

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DATED: __________________

______________________________

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ORDER

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IT IS SO ORDERED.

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Dated: May 27, 2014

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