Wilson v. City of West Sacramento et al

Filing 28

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 9/19/14. (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No.: Case No.: 2:13-2550-WBS-AC

REBECCA WILSON (by and through
Heatherlyn Bevard as Guardian ad Litem),

STIPULATED PROTECTIVE ORDER
REGARDING DISCOVERY OF
CONFIDENTIAL INFORMATION

Plaintiff,
vs.
CITY OF WEST SACRAMENTO;
SERGIO ALVAREZ; West Sacramento
Police Department Chief DAN
DRUMMOND and DOES 1 through 30,
inclusive,
Defendant.

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Defendants City of West Sacramento and Chief Dan Drummond (“Defendants”) and

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subpoenaed third-party City of Sacramento hereby stipulate to the following protective order:

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1.

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

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requested that the Sacramento Police Department become the lead investigative agency into

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possible criminal conduct of Sergio Alvarez, a West Sacramento Police Officer. The

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Sacramento Police Department conducted the criminal investigation at the request of the

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West Sacramento Police Department and as a result, generated police reports, investigative
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STIPULATED PROTECTIVE ORDER RE: DISCOVERY OF CONFIDENTIAL INFORMATION

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reports, witnesses’ statements, as well as numerous other pieces of potential evidence in

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connection with the criminal investigation. The City of West Sacramento now seeks

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disclosure of the investigative file pertaining to Sergio Alvarez, in its entirety, from the

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Sacramento Police Department.

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Disclosure and discovery activity in this action will involve production of confidential

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or private information for which special protection from public disclosure and from use for

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

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

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The parties further acknowledge that this Stipulated Protective Order (hereafter the “Order”)

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does not entitle them to file confidential information under seal; Eastern District Local Rule

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141 sets forth the procedures that must be followed and the standards that will be applied

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when a party seeks 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

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the 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

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

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

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

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Department, the disclosure of which may have the effect of causing embarrassment to certain

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

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

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(1) 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,

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

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3.

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

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

All documents

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STIPULATED PROTECTIVE ORDER RE: DISCOVERY OF CONFIDENTIAL INFORMATION

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produced

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“CONFIDENTIAL” “DO NOT DUPLICATE.”

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4.

pursuant

to

this

Order

will

be

bates

stamped

and

water-marked

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

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

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

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

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to label such portions appropriately.

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5.

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

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

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shall be used only for the purpose of the prosecution, defense, or settlement of this action,

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and for no other purpose.

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6.

Confidential Material or information produced pursuant to this Order may be

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

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

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designated 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

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

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Agreement to be Bound” attached hereto as Exhibit A.

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7.

If Defendants are served with a subpoena, must comply with a continuing

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obligation under the initial disclosures, must comply with a valid discovery request, or a

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court order issued in this litigation compels disclosure of any information or items designated

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in this action as “Confidential” Defendants must:
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STIPULATED PROTECTIVE ORDER RE: DISCOVERY OF CONFIDENTIAL INFORMATION

(a)

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Promptly notify in writing the Sacramento City Attorney’s Office. Such

notification shall include a copy of the subpoena, discovery request, or court order;
(b)

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Promptly notify in writing the party who caused the subpoena,

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

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covered by the subpoena or order is subject to this Order. Such notification shall include a

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copy of this Stipulated Protective Order; and
(c)

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If disclosure of any Confidential Material or information must be made,

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

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

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production. Defendants shall use reasonable care in determining what documents should be

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

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request, court order, or other requirement by law to produce any confidential materials and

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documents.
8.

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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

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

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

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exempt, privileged, confidential, or subject a person to embarrassment, annoyance, or

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harassment.

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Defendants must produce unredacted disclosures pursuant to a Court Order, Defendants

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shall use reasonable care in determining what unredacted information to produce, and

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promptly notify the Sacramento City Attorney’s Office of the disclosure.
9.

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If unredacted disclosures are reasonably necessary during discovery, or

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

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use.

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10.

If Defendants learn that, by inadvertence or otherwise, they have disclosed
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STIPULATED PROTECTIVE ORDER RE: DISCOVERY OF CONFIDENTIAL INFORMATION

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

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Defendants must immediately (a) notify in writing the Sacramento City Attorney’s Office of

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the unauthorized disclosures, (b) use their best efforts to retrieve all unauthorized copies of

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the Confidential Material, (c) inform the person or persons to whom unauthorized

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disclosures were made of all the terms of this Order, and (d) request such person or persons

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to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as

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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 the City of Sacramento to the City of West Sacramento

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without involving the Court unnecessarily in the process. Nothing in this Order nor the

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

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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

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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,

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doctrine, or immunity. In addition, this Order shall not be construed to constitute a waiver

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of any party’s right to seek production of information that a party has designated as

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privileged from disclosure.

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13.

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

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

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the 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

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designated at Confidential, and all copies of the same, or in the alternative, shall take all

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reasonable steps to have the Confidential Material and documents destroyed and disposed of

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in a manner that will ensure no one will gain unauthorized access to the materials.
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STIPULATED PROTECTIVE ORDER RE: DISCOVERY OF CONFIDENTIAL INFORMATION

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: September 17, 2014

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/s/ Alex T. Hughes
_____________________________________
ALEX T. HUGHES
ANGELO, KILDAY & KILDUFF
Attorneys for Defendants City of West Sacramento
and Chief Dan Drummond

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DATED: September 17, 2014

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JAMES SANCHEZ
City Attorney

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/s/ Michael A. Fry
(as authorized on 9/17/14)
___________________
MICHAEL A. FRY
Senior Deputy City Attorney

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CITY OF SACRAMENTO,

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By:

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: September 19, 2014

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STIPULATED PROTECTIVE ORDER RE: DISCOVERY OF CONFIDENTIAL INFORMATION

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

______________________________________

(print

or

type

full

name),

of

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_____________________________________ (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

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was issued by the United States District Court for the Eastern District of California on:

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_________ [date] in the case of Rebecca Wilson v. City of West Sacramento., Eastern District

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Court Case 2:13-2550-WBS-AC. I agree to comply with and to be bound by all the terms of

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

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expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I

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will not disclose in any manner any information or item that is subject to this Stipulated

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

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this Order.

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

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Eastern District of California for the purpose of enforcing the terms of this Stipulated

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Protective Order, even if such enforcement proceedings occur after termination of this

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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: ___________________________________

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City and State where sworn and signed: ____________________________________

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Printed name: _____________________________________________

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Signature: ________________________________________________

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