Gilliam v. City of West Sacramento et al

Filing 29

STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY OF CONFIDENTIAL INFORMATION signed by Magistrate Judge Allison Claire on 1/23/15. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

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ROCHELLE L. GILLIAM,

)
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Plaintiff,
)
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vs.
)
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CITY OF WEST SACRAMENTO, SERGIO )
ALVAREZ, DAN DRUMMOND, and DOES )
1 through 25,
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Defendants
)
)

Case No.: 2:13-CV-02276-WBS-AC
STIPULATED PROTECTIVE ORDER
REGARDING DISCOVERY OF
CONFIDENTIAL INFORMATION

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Plaintiff, Rochelle L. Gilliam, Defendants City of West Sacramento, Chief Dan

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Drummond and Sergio Alvarez (“Defendants”) hereby stipulate to the following protective
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order:
1.

On or about September 26, 2012, the West Sacramento Police Department

requested that the Sacramento Police Department become the lead investigative agency into
possible criminal conduct of Sergio Alvarez, a West Sacramento Police Officer. The Sacramento
Police Department conducted the criminal investigation at the request of the West Sacramento

Stipulated Protective Order Regarding Discovery of Confidential Information
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Police Department and as a result, generated police reports, investigative reports, witnesses’

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statements, as well as numerous other pieces of potential evidence in connection with the

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criminal investigation. This investigative material was provided to the Yolo County District

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Attorney’s Office in connection with the criminal prosecution of Defendant Alvarez. In turn, the

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Yolo County District Attorney’s Office disclosed discovery of this investigative material to

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Alvarez’s attorney in that prosecution. Plaintiff Gilliam has requested disclosure of the criminal

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discovery in this civil case.

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Disclosure and discovery activity in this action will involve production of confidential or
private information for which special protection from public disclosure and from use for any

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purpose other than the instant litigation may be warranted. Accordingly, the parties hereby

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stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties

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further acknowledge that this Stipulated Protective Order (hereafter the “Order”) does not entitle

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them to file confidential information under seal; Eastern District Local Rule 141 sets forth the

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procedures that must be followed and the standards that will be applied when a party seeks

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permission from the court to file material under seal.

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2.

In connection with discovery proceedings in this action, the parties designate the

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following documents as “Confidential” pursuant to the terms of this Order. Confidential

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information is information which has not been made public and which concerns or relates to

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either (1) peace officer personnel records; (2) victim information or statements discussing sexual

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assaults; (3) confidential law enforcement reports and investigative files; (4) audio or video

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recordings of victims or witnesses; or (5) law enforcement records regarding criminal history,

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arrest records, etc.; (6) information maintained by the Sacramento Police Department, the

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disclosure of which may have the effect of causing embarrassment to certain third-parties

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(hereafter sometimes referred to as “Confidential Material”).

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The protections conferred by this Order cover not only Confidential Material, but also (1)

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any information copied or extracted from Confidential Material; (2) all copies, excerpts,

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summaries, or compilations of Confidential Material; and (3) any testimony, conversations, or

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presentations by parties or their counsel that might reveal Confidential Material.
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3.

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Confidential documents shall be so designated by water-marking copies of the

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document produced to a party with the word “CONFIDENTIAL.” All documents produced

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pursuant to this Order will be bates stamped and water-marked “CONFIDENTIAL” “DO NOT

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DUPLICATE.”

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4.

Testimony taken at a deposition, conference, hearing or trial referencing,

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mentioning, or using Confidential Material may be designated as “Confidential” by making a

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statement to that effect on the record at the deposition or other proceeding. Arrangement shall be

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made with the court reporter taking and transcribing such proceeding to separately bind such

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portions of the transcript containing information designated as Confidential, and to label such

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portions appropriately.
5.

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Material designated as confidential pursuant to this Order, the information

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contained therein, and any summaries, copies, abstracts, or other documents, however stored or

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reproduced, derived in whole or in part from the documents designated as Confidential shall be

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used only for the purpose of the prosecution, defense, or settlement of this action, and for no

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other purpose.
6.

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Confidential Material or information produced pursuant to this Order may be

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disclosed or made available only to counsel for the parties (including the paralegal, clerical and

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secretarial staff employed by such counsel), and to the following “qualified persons” designated

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below:

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(a) Experts retained for consultation and/or trial;

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(b) Court reporter(s) employed in this action;

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(c) A witness at any deposition or other proceeding in this action; and

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(d) Any other person as to whom the parties in writing agree.

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Prior to receiving any Confidential Material, each “qualified person” shall be provided

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with a copy of this Order and shall agree to sign the “Acknowledgement and Agreement to be

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Bound” attached hereto as Exhibit A.

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7.

If the parties are served with a subpoena, must comply with a continuing

obligation under the initial disclosures, must comply with a valid discovery request, or a court
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order issued in this litigation compels disclosure of any information or items designated in this

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action as “Confidential” Defendants must:
(a) Promptly notify in writing the party who caused the subpoena, discovery

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request, or order to issue in the other litigation that some or all of the material covered by the

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subpoena or order is subject to this Order. Such notification shall include a copy of this

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Stipulated Protective Order; and

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(b) If disclosure of any Confidential Material or information must be made, as

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required by a court order or provision of law, any information that is private, confidential, or

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subject to any exemption from disclosure shall be removed or redacted prior to production.

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Defendants shall use reasonable care in determining what documents should be removed,

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withheld, or redacted subject to a subpoena, initial disclosure request, discovery request, court

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order, or other requirement by law to produce any confidential materials and documents.

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8.

Any Confidential Material or information produced by Defendants to another

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party will be redacted with respect to law enforcement officers, officers of the court, and third

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parties including, but not limited to: (i) home address; (ii) telephone numbers; (iii) social security

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numbers; (iv) dates and places of birth; (v) driver’s license numbers; (vi) medical information or

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medical record information; or (vii) any other information which might be exempt, privileged,

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confidential, or subject a person to embarrassment, annoyance, or harassment. If unredacted

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disclosures are reasonably necessary during discovery, or Defendants must produce unredacted

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disclosures pursuant to a Court Order, Defendants shall use reasonable care in determining what

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unredacted information to produce.

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9.

In the event any Confidential Material is used in any Court proceeding in this

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action, it shall not lose its confidential status through such use, and the party using the

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Confidential Material shall take all reasonable steps to maintain its confidentiality during use.

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10.

If any party learns that, by inadvertence or otherwise, they have disclosed

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Confidential Material to any person or in any circumstance not authorized under this Order, that

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party must immediately (a) use their best efforts to retrieve all unauthorized copies of the

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Confidential Material, (b) inform the person or persons to whom unauthorized disclosures were
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made of all the terms of this Order, and (c) request such person or persons to execute the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.

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11.

This Order is entered into for the purpose of allowing the production of

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documents and information from Defendant Sergio Alvarez in responding to a request for

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documents by the Plaintiff without involving the Court unnecessarily in the process. Nothing in

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this Order nor the production of any information or document pursuant to the terms of this Order

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nor any proceedings pursuant to this Order shall be deemed to have the effect of an admission or

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waiver by either party or of altering the confidentiality or non-confidentiality of any such

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document or information or altering any existing obligation of any party or the absence thereof.

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12.

This Order shall not be construed to require disclosure of information that is

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protected by the attorney-client privilege, work product doctrine, or any other privilege, doctrine,

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or immunity. In addition, this Order shall not be construed to constitute a waiver of any party’s

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right to seek production of information that a party has designated as privileged from disclosure.

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13.

This Order shall survive the final determination of this action, to the extent that

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the information contained in Confidential Material is not or does not become known to the

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public, and the Court shall retain jurisdiction to resolve any dispute concerning the use of

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information disclosed hereunder. Upon termination of this case, counsel for the parties shall

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assemble and return to each other all documents, material and deposition transcripts designated

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at Confidential, and all copies of the same, or in the alternative, shall take all reasonable steps to

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have the Confidential Material and documents destroyed and disposed of in a manner that will

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ensure no one will gain unauthorized access to the materials.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: January 16, 2015
THE ASHWORTH LAW OFFICES

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/S/ James C. Ashworth
JAMES C. ASHWORTH
Attorneys for Plaintiff

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Dated: January 16, 2015

ANGELO, KILDAY & KILDUFF

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Stipulated Protective Order Regarding Discovery of Confidential Information
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/S/ Bruce Kilday
BRUCE KILDAY
Attorneys for Defendants City of West
Sacramento
and Chief Dan Drummond

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Dated: January 16, 2015

LONGYEAR, O’DEA & LAVRA, LLP

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/S/ John Lavra
JOHN LAVRA
Attorneys for Defendant
Sergio Alvarez

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: January 23, 2015

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Stipulated Protective Order Regarding Discovery of Confidential Information
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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, ______________________________________ (print or type full name), of
_____________________________________ (print or type full address], declare under penalty

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of perjury that I have read in its entirety and understand the Stipulated Protective Order that was
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issued by the United States District Court for the Eastern District of California on: _________

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[date] in the case of Rochelle L. Gilliam v. City of West Sacramento, et al., Eastern District Court

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Case 2:13-cv-02276-WBS-AC. I agree to comply with and to be bound by all the terms of this

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Stipulated Protective Order and I understand and acknowledge that failure to so could expose me

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to sanctions and punishment in the nature of contempt. I solemnly promise that I will not

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disclose in any manner any information or item that is subject to this Stipulated Protective Order

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to any person or entity except in strict compliance with the provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District Court for the
Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective

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Order to any person or entity except in strict compliance with the provisions of this Order.

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I further agree to submit to the jurisdiction of the United States District Court for the Eastern

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District of California for the purpose of enforcing the terms of this Stipulated Protective Order,

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even if such enforcement proceedings occur after termination of this action.

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I hereby appoint _________________________________[print or type full name] of

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__________________________________ [print or type full address and telephone number] as

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my California agent for service of process in connection with this action

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Date: ___________________________________
City and State where sworn and signed: ____________________________________
Printed name: _____________________________________________
Signature: ________________________________________________

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