Kaur et al v. City of Lodi et al

Filing 81

STIPULATION and PROTECTIVE ORDER REGARDING PRODUCTION OF CONFIDENTIAL RECORDS signed by Magistrate Judge Allison Claire on 6/4/15 re: 77 . (Meuleman, A) Modified on 6/5/2015 (Meuleman, A).

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MARK E. MERIN (State Bar No. 043849)
PAUL H. MASUHARA (State Bar No. 289805)
LAW OFFICE OF MARK E. MERIN
1010 F Street, Suite 300
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs SUKHWINDER KAUR, PARMINDER SINGH SHERGILL,
KULBINDER KAUR SOHOTA and SARABJIT SINGH SHERGILL
BRUCE A. KILDAY (State Bar No. 066415)
AMIE McTAVISH, ESQ. (State Bar No. 242372)
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]
Telecopier: [phone]
Attorneys for Joint-Defendants CITY OF LODI; CITY OF LODI POLICE DEPARTMENT and
CHIEF MARK HELMS
MARK E. BERRY (State Bar No. 155091)
DERICK E. KONZ (State Bar No. 286902)
MAYALL HURLEY, P.C.
A Professional Corporation
2453 Grand Canal Boulevard, Second Floor
Stockton, California 95207-8253
Telephone: [phone]
Facsimile: [phone]
Attorneys for Joint-Defendants SCOTT BRATTON and ADAM LOCKIE.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SUKHWINDER KAUR, et al.,
Plaintiffs,

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vs.
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CITY OF LODI, et al.,
Defendants.

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_________________________________________
Page 1
STIPULATION AND PROTECTIVE ORDER

Case No. 2:14-cv-00828-GEB-AC
STIPULATED PROTECTIVE ORDER
REGARDING PRODUCTION OF
CONFIDENTIAL RECORDS

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Following meet and confer discussions, and pursuant to the Plaintiffs’ May 12, 2015

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correspondence, IT IS HEREBY AGREED AND STIPULATED between all parties that the

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following documents contained within Defendant SCOTT BRATTON’s Manteca Police

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Department personnel file shall be governed by protective order:

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Bates #66 (“Background Investigation: Psychological Assessment; Memo from
Detective Rall to Chief Weatherford”);

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Bates #67 (“Law Enforcement Psychological Services, Inc. - Psychological
Assessment Report”); and

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Bates #68 (“Manteca PD Memo from personnel to Chief Weatherford; re results of
psych exam; schedule for physical exam”).

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It is understood that these documents contain private and personal information regarding
SCOTT BRATTON’s pre-employment psychological testing by a licensed professional.

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The produced documents shall be used by the parties solely for the purpose of prosecuting

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and defending the above captioned case. The documents shall not be duplicated, reproduced,

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transmitted, or communicated to any person or entity for any reason whatsoever excepting

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Plaintiff’s counsel; Plaintiffs; declared experts pursuant to the Plaintiffs’ Rule 26 disclosure;

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deposition witnesses at the time of deposition; trial witnesses at the time of trial; mediator or

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third party neutral; or the court.

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The copying of the documents is to be conducted in-house and shall not be done by
outside third party vendors.
Even after the termination of this litigation, the confidentiality obligations imposed by

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this Order shall remain in effect until SCOTT BRATTON agrees otherwise in writing or a court

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order otherwise directs.

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If any party learns that, by inadvertence or otherwise, it has disclosed documents

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protected pursuant to this protective order to any person or in any circumstance not authorized

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under this Stipulated Protective Order, that party must immediately (a) notify in writing SCOTT

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

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protected material, (c) inform the person or persons to whom unauthorized disclosures were

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_________________________________________
Page 2
STIPULATION AND PROTECTIVE ORDER

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

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

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This Order shall constitute a protective order pursuant to Federal Rules of Civil Procedure

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26(c) and shall be enforceable as set forth therein.

Plaintiffs’ counsel shall advise the Plaintiffs,

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experts and others of this Protective Order and its effect.

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STIPULATED AND AGREED:
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DATED: May 26, 2015

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LAW OFFICE OF MARK E. MERIN
/s/ MARK E. MERIN
(as authorized on May 26, 2015)
By:___________________________
Mark E. Merin
Paul H. Masuhara
Attorneys for Plaintiffs

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DATED: May 28, 2015

MAYALL HURLEY, P.C.

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/s/ MARK E. BERRY
By:_________________________________
Mark E. Berry
Derick E. Konz
Attorneys for Defendants,
SCOTT BRATTON and
ADAM LOCKIE

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DATED: May 28, 2015

ANGELO, KILDAY & KILDUFF
/s/ AMIE MCTAVISH
(as authorized on May 28, 2015)
By:_________________________________
Amie Mctavish
Attorneys for Defendants, CITY OF
LODI; CITY OF LODI POLICE
DEPARTMENT and CHIEF MARK
HELMS

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_________________________________________
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STIPULATION AND PROTECTIVE ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: June 4, 2015

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_________________________________________
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STIPULATION AND PROTECTIVE ORDER

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EXHIBIT A

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ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
I, __________________________________________________[print or type full name]

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of ________________________________________________________________________

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

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understood the Stipulated Protective Order that was issued by the United States District Court for

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the Eastern District of California on _____________________[date] in the case of KAUR, et al.

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v. CITY OF LODI, et al.. 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 comply could

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

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

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

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Order, even if such enforcement proceedings occur after termination of this action.
I hereby appoint ______________________________________[print or type full name]

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of ________________________________________________________________________

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[print or type full address and telephone number] as my California agent for service of process in

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connection with this action or any proceedings related to enforcement of the Stipulated Protective

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Order.

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Date: __________

City and State where sworn and signed: ____________________________

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Printed name: _________________________________

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Signature: ____________________________________
_________________________________________
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STIPULATION AND PROTECTIVE ORDER