Hicks v. City of Vallejo et al

Filing 45

PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/22/2016. (Michel, G.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TYRONE EDWARD HICKS,

12

Plaintiff,

13
14

No. 2:14-cv-0669 CKD PS (TEMP)

v.

ORDER

CITY OF VALLEJO, et al.,

15

Defendants.

16
17

This action came before the court on January 20, 2016, for hearing of plaintiff’s motion to

18

compel.1 Attorney Kelly Trujillo appeared on behalf of the defendants and plaintiff Tyrone Hicks

19

appeared in person on his own behalf.
After consideration of the arguments on file and those made at the hearing, and for the

20
21

reasons set forth on the record at that hearing, the court granted plaintiff’s motion to compel.

22

However, in granting plaintiff’s motion to compel, the court determined that defendants’

23

production should be made pursuant to a protective order.

24

Accordingly, IT IS HEREBY ORDERED that:

25

1. In order to protect the confidentiality of the records produced by defendant said
records disclosed are designated as “Confidential Material.”

26
27
28

1

The parties have consented to Magistrate Judge jurisdiction over this action pursuant to 28
U.S.C. ' 636(c)(1). (Dkt. No. 25.)
1

1

2. Confidential Material may not be disclosed except as set forth in paragraphs 3- 5.

2

3. Confidential Material may be disclosed only to the following persons:

3

a.

Counsel for any party to this action;

4

b.

Paralegal, stenographic, clerical and secretarial personnel regularly
employed by counsel referred to in [3](a);

5
6

c.

proceedings as are necessarily incidental to preparation for the trial

7

of this action;

8
9

Court personnel including stenographic reporters engaged in such

d.

Any outside expert or consultant retained in connection with this
action and not otherwise employed by either party;

10
e.
11
12

Any “in house” expert designated by Defendant to testify at trial in
this matter;

f.

13

Witnesses, other than the Plaintiff herein, who may have the
documents disclosed to them during deposition proceedings; the

14

witnesses may not leave the depositions with copies of the

15

documents, and shall be bound by the provisions of paragraph 5;

16

g.

Any neutral evaluator or other designated ADR provider;

17

h.

Parties to this action; and

18

i.

The jury, should this matter go to trial.

19

4. Each person to whom disclosure is made, with the exception of counsel who are

20

presumed to know of the contents of this protective order, shall, prior to disclosure:

21

(1) be provided with a copy of this order by the person furnishing him/her such

22

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

23

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

24
25
26
27

must also consent to be subject to the jurisdiction of the United States District Court,
Eastern District, with respect to any proceeding relating to the enforcement of this
order. Defendants City of Vallejo and the named Defendants herein shall be entitled
to retain possession of the original writings described above.

Nothing in this

paragraph 4 is intended to prevent officials or employees of the City of Vallejo or
28
2

1

other authorized government officials or any other persons from having access to the

2

documents if they would have had access in the normal course of their job duties or

3

rights as a citizen. Further, nothing in this order prevents a witness from disclosing

4

events or activities personal to them, i.e., a witness can disclose to others previous

5

information given to the City of Vallejo with respect to what she/he saw, heard, or

6
7
8
9

otherwise sensed.
5. At the conclusion of the trial and of any appeal or upon other termination of this
litigation, all Confidential Material received under the provision of this order
(including any copies made) shall be delivered back to the City of Vallejo. Provisions
of this order insofar as they restrict disclosure and use of the material shall be in effect

10
until all Confidential Material (including all copies thereof) are returned to
11
12
13
14
15

Defendants.
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 file under
seal pursuant to Local Rule 141. The Request to Seal Documents shall refer to this
stipulation and protective order.

16

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

17

documents, e.g., deposition transcript, pleading or brief, which otherwise contain

18

Confidential Material as defined in paragraph 1, as long as such document has been

19

redacted so as to prevent disclosure of such Confidential Material.

20

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

21

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

22

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

23

Confidential Material designation from any document; and (c) to apply to the Court

24
25
26
27

for an order compelling production of documents or modification of this order or for
any order permitting disclosure of Confidential Materials beyond the terms of this
order.
9. Upon receipt of this Protective Order and disclosure of the Confidential Material it
will be presumed that plaintiff knows of the contents of this Protective Order,

28
3

1

understands the provisions of this Protective Order and consents to be subject to the

2

jurisdiction of the United States District Court, Eastern District, with respect to any

3

proceeding relating to the enforcement of this Protective Order.2

4

10. Prior to the release of Confidential Material, defendants shall redact any birth dates,

5

social security numbers, driver’s license numbers and home addresses, while
providing plaintiff with a log containing identifying numbers corresponding to the

6

officer names that have been redacted.

7

11. Confidential Material disclosed may be used in the litigation of this action only, and

8

not for any other purpose.

9

12. Plaintiff may disclose Confidential Material to one person not otherwise identified in
10
section 3 above, provided that plaintiff deems the disclosure necessary to aid
11

plaintiff’s

12

prosecution

of

this

action;

AND

the

person

completes

the

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND attached to this

13

Protective Order as EXHIBIT A; AND plaintiff files a copy of the completed

14

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND with the Court.

15

13. Violation of the terms of this Protective Order MAY SUBJECT a party, AND ANY

16

SIGNATORIES WHO VIOLATE THE PROTECTIVE ORDER, to any and all

17

permissible SANCTIONS, including dismissal.

18

Dated: January 22, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

19
20
21
22
23
24
25
26
27
28

BVD/hicks0669.prot.ord

2

In this regard, plaintiff need not agree on the record or in writing that he has read the protective
order and that he understands the provisions of the protective order. Accordingly, plaintiff is
advised to carefully study this order and seek clarification of any issue arising therefrom if
necessary.
4

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, _____________________________ [print or type full name], of _________________

4

[print or type full address], declare under penalty of perjury that I have read in its entirety and

5

understand the Protective Order that was issued by the United States District Court for the Eastern

6

District of California on ___________________ [date] in the case of Tyrone Edward Hicks v.

7

City of Vallejo, et al., No. 2:14-cv-0669 CKD PS (TEMP). I agree to comply with and to be

8

bound by all the terms of this Protective Order and I understand and acknowledge that failure to

9

so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly

10

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

11

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

12

Order.

13

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

14

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

15

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

16

Date: _________________

17

City and State where sworn and signed: _________________________________

18
19

Printed name: ______________________________

20
21

Signature: __________________________________

22
23
24
25
26
27
28
5