Elbert v. Miller

Filing 13

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 1/22/2015. (Michel, G.)

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WILLIAMS & ASSOCIATES
1250 Sutterville Road, Ste. 290
Sacramento, CA 95822
[phone]
[phone] (fax)

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Kathleen J. Williams, CSB #127021

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Attorneys for defendant
BRIAN MILLER

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA

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TERRELL ELBERT,

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No. 2:14-cv-00471 GEB KJN
Plaintiff,

vs.
BRIAN MILLER, individually and in his
official capacity as Deputy Sheriff for
the County of Solano, Deputy Sheriff
DOES 1-25, inclusive,

STIPULATION FOR PROTECTIVE
ORDER AND ORDER REGARDING
SHOOTING BOARD OF REVIEW

Defendants.

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Plaintiff TERRELL ELBERT, and his attorneys and defendant BRIAN MILLER and

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his attorneys make this stipulation.
Plaintiff has requested the Shooting Board of Review records from defendant.

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Pursuant to that request, the parties agree to protect the confidentiality of the Shooting

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Board of Review records regarding the February 12, 2012 incident.

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NOW THEREFORE, the parties stipulate to the following:

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1.

The following records are subject to a protective order (and designated as

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“Confidential Material”): Shooting Board of Review CR 12-0689, incident date
February 12, 2012.
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2.

Confidential material may not be disclosed except as set forth in

paragraphs three through five.
3.

Confidential Material may be disclosed only to the following persons: (a)

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counsel for any party to this action; (b) paralegal, stenographic, clerical, and secretarial
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personnel regularly employed by counsel referred to in paragraph 3(a); (c) Court

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personnel including stenographic reporters engaged in such proceedings as are

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necessarily incidental to preparation for the trial of this action; (d) any outside expert or

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consultant retained in connection with this action, and not otherwise employed by either

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party; (e) any “in house” expert designated by defendant to testify at trial in this matter;

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(f) witnesses who may have the documents disclosed to them during deposition

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proceedings (the witnesses may not leave the depositions with copies of the documents,
and shall be bound by the provisions of paragraph five); (g) any Neutral Evaluator or

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other designated ADR provider; (h) parties to this action; and (i) the jury, should this

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matter go to trial.

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4.

Each person to whom disclosure is made, with the exception of counsel

who are presumed to know of the contents of this protective order, shall, prior to
disclosure: (1) be provided with a copy of this order by the person furnishing him/her

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such material, and (2) agree on the record or in writing that she/he has read the

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protective order and that she/he understand the provisions of the protective order. Such

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person must also consent to be subject to the jurisdiction of the United States District

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Court, Eastern District, with respect to any proceeding relating to the enforcement of this

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order. Nothing in this paragraph is intended to prevent officials or employees of the

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Solano County or other authorized government officials or any other persons from

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having access to the documents if they would have had access in the normal course of
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their job duties or rights as a citizen. Further, nothing in this order prevents a witness

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from disclosing events or activities personal to them, i.e., a witness can disclose to

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others previous information given with respect to what she/he saw, heard, or otherwise

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sensed.
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5.

At the conclusion of the trial and of any appeal or upon other termination of

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this litigation, all Confidential Material received under the provision of this order

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(including any copies made) shall be returned to counsel for BRIAN MILLER and

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destroyed by counsel for BRIAN MILLER. Provisions of this order insofar as they restrict

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disclosure and use of the material shall be in effect until all Confidential Material
(including all copies thereof) are destroyed by counsel for BRIAN MILLER.

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6.

In the event that either party wishes to file Confidential Material with the

court, as an exhibit to a pleading or otherwise, the filing party shall first seek an order to

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file under seal pursuant to Local Rule 141. The Request to Seal Documents shall refer to

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this stipulation and protective order.

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7.

Nothing in this order shall preclude a party from showing or disclosing any

documents, e.g., deposition transcript, pleading or brief, which otherwise contain
Confidential Material as defined in paragraph 1, as long as such document has been

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redacted so as to prevent disclosure of such Confidential Material.
8.

The foregoing is without prejudice to the right of any party (a) to apply to

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the Court for a further protective order relating to any Confidential Material or relating to

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discovery in this litigation; (b) to apply to the Court for an order removing the Confidential

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Material designation from any document; and (c) to apply to the Court for an order

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compelling production of documents or modification of this order or for any order

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permitting disclosure of Confidential Materials beyond the terms of this order.
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DATED: January 19, 2015

WILLIAMS & ASSOCIATES

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By: /s/ Kathleen J. Williams_____________
KATHLEEN J. WILLIAMS
Attorneys for defendant MILLER

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DATED: October 17, 2014

LAW OFFICES OF JOHN L. BURRIS

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By:/s/ Adante Pointer (original sig. retained by counsel)
ADANTE POINTER
Attorneys for plaintiff ELBERT

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IT IS SO ORDERED.

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Dated: January 22, 2015

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