Barron v. City of Redding et al

Filing 14

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig M. Kellison on 4/16/15 re: 13 . (Meuleman, A)

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PAUL Q. GOYETTE, SBN 137250
RICK E. SNYDER, SBN 173575
SEAN D. O’DOWD. SBN 296320
GOYETTE & ASSOCIATES, INC.
A Professional Law Corporation
2366 Gold Meadow Way, Suite 200
Gold River, CA 95670
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant, Brandon Largent
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT BARRON,

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CASE NO.: 2:14-CV-01107-MCE-CMK

Plaintiff,

STIPULATED PROTECTIVE ORDER

v.
CITY OF REDDING, BRANDON
LARGENT, CHIEF ROBERT F. PAOLETTI,
and DOES 1-10,
Defendants.

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Defendants CITY OF REDDING, BRANDON LARGENT, and CHIEF ROBERT F.

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PAOLETTI in good faith believe that the following documents contain information that is (a)

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confidential, sensitive, or potentially invasive of an individual’s privacy interests; (b) not generally

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known; (c) not normally revealed to the public or third parties, or, if disclosed to third parties, would

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require such third parties to maintain the information in confidence, and (d) protected by the federal

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common law official information privilege.

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Defendants take the position that these documents are Confidential:

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Personnel record of persons employed by City of Redding Police Department, including but not

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limited to documents concerning, relating or referring to: background investigations, hiring,

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appointment, termination, job performance and evaluations, awards, commendations, and recognition

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of all professional accomplishments, training, internal affairs investigative files, citizen complaints,

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charges of misconduct, resulting discipline or retraining.
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STIPULATED PROTECTIVE ORDER

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IT IS HEREBY STIPULATED by, among and between the parties through their counsels of

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record that the documents described herein may be designated as “Confidential” by CITY OF

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REDDING, BRANDON LARGENT, and CHIEF ROBERT F. PAOLETTI and produced subject to

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the following Protective Order:

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PURPOSES AND LIMITATIONS

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Disclosure and discovery activity in this action are likely to involve production of confidential

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

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purpose other than prosecuting this litigation would 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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acknowledge that this Order does not confer blanket protections on all disclosures or responses to

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discovery and that the protection it affords extends only to the limited information or items that are

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entitled under the applicable legal principles for confidential treatment. The parties further

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acknowledge, as set forth in Section 9, below, that this Stipulated Protective Order creates no

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entitlement to file confidential information under seal; Civil Local Rule 141 sets forth the procedures

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that must be followed, and reflects the standards that will be applied when a party seeks permission

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from the Court to file material under seal.

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2.

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DEFINITIONS
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Party: any party to this action, including all of its officers, directors, employees,

consultants, retained experts, and outside counsel (and their support staff).
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Disclosure or Discovery Material: all items or information, regardless of the medium or

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manner generated, stored or maintained (including, among other things, testimony, transcripts, or

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tangible things) that are produced or generated in disclosures or responses to discovery by any Party in

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this matter.

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2.3

"Confidential" Information or Items: information (regardless of how generated, stored

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or maintained) or tangible things that qualify for protection under standards developed under Federal

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Rule of Civil Procedure 26(c). This material includes, but is not limited to, medical records of the

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parties, as well as officer personnel records marked "CONFIDENTIAL" and other similar confidential

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records designated as such.
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STIPULATED PROTECTIVE ORDER

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2.4

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Producing Party.

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2.5

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this action.

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2.6

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Designating Party: a Party or non-party that designates information or items that it

Protected Material: any Disclosure or Discovery Material that is designated as

"Confidential."
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Producing Party: a Party or non-party that produces Disclosure or Discovery Material in

produces in disclosures or in responses to discovery as "Confidential."

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Receiving Party: a Party that receives Disclosure or Discovery Material from a

Outside Counsel: attorneys who are not employees of a Party, but who are retained to

represent or advise a Party in this action.
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Expert: a person with specialized knowledge or experience in a matter pertinent to the

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litigation who has been retained by a Party or its counsel to serve as an expert witness or as a

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consultant in this action and who is not a past or a current employee of a Party or of a competitor of a

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Party and who, at the time of retention, is not anticipated to become an employee of a Party or a

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competitor of a Party.
2.10

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Professional Vendors: persons or entities that provide litigation support services (e.g.,

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photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing,

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retrieving data in any form or medium; etc.) and their employees or subcontractors.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only Protected Material (as

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defined above), but also any information copied or extracted therefrom, as well as all copies, excerpts,

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summaries, or compilations thereof, plus testimony, conversations, or presentations by parties or

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counsel to or in court or in other settings that might reveal Protected Material.

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DURATION

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Even after the termination of this litigation, the confidentiality obligations imposed by this

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Order shall remain in effect until a Designating Party agrees otherwise in writing or a Court order

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otherwise directs.

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STIPULATED PROTECTIVE ORDER

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5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each Party or

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non-party that designates information or items for protection under this Order must take care to limit

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any such designation to specific material that qualifies under the appropriate standards. A Designating

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Party must take care to designate for protection only those parts of material, documents, items, or oral

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or written communications that qualify - so that other portions of the material, documents, items or

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communications for which protection is not warranted are not swept unjustifiably within the ambit of

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this Order.

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Mass, indiscriminate, or routine designations are prohibited. Designations that are shown to be

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clearly unjustified, or that have been made for an improper purpose (e.g., to unnecessarily encumber or

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retard the case development process, or to impose unnecessary expenses and burdens on other parties),

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expose the Designating Party to sanctions.

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If it comes to a Party’s or a non-party’s attention that information or items that it designated for

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protection do not qualify for protection at all, that Party or non-party must promptly notify all other

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parties that it is withdrawing the mistaken designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in this Order (see,

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e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or ordered, material that

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qualifies for protection under this Order must be clearly so designated before the material is disclosed

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or produced. Designation in conformity with this Order requires:

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(a)

For information in documentary form (apart from transcripts of depositions or

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other pretrial or trial proceedings), that the Producing Party affix the legend or watermark

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“CONFIDENTIAL" on each page that contains protected material. If only a portion or portions of the

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material on a page qualifies for protection, the Producing Party also must clearly identify the protected

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portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each portion

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that it is "CONFIDENTIAL."

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A Party or non-party that makes original documents or materials available for

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inspection need not designate them for protection until after the inspecting Party has indicated which

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material it would like copied and produced. After the inspecting Party has identified the documents it
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STIPULATED PROTECTIVE ORDER

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wants copied and produced, the Producing Party must determine which documents, or portions thereof,

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qualify for protection under this Order, then, before producing the specified documents, the Producing

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Party must affix the designation "CONFIDENTIAL" on each page that contains Protected Material. If

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only a portion or portions of the material on a page qualifies for protection, the Producing Party must

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clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins) and

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must specify that the material is "CONFIDENTIAL."
(b)

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For testimony given in deposition or in other pretrial or trial proceedings, that

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the Party or non-party offering or sponsoring the testimony identify on the record, before the close of

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the deposition, hearing, or other proceeding, all protected testimony, and further specify any portions

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of the testimony that qualify as "CONFIDENTIAL." When it is impractical to identify separately each

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portion of testimony that is entitled to protection, and when it appears that substantial portions of the

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testimony may qualify for protection, the Party or non-party that sponsors, offers, or gives the

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testimony may invoke on the record (before the deposition or proceeding is concluded) a right to have

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up to twenty (20) days to identify the specific portions of the testimony as "CONFIDENTIAL." Only

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those portions of the testimony that are appropriately designated for protection within the 20 days shall

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be covered by the provisions of this Stipulated Protective Order.

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Transcript pages containing Protected Material must be separately bound by the court

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reporter, who must affix to the top of each such page the legend "CONFIDENTIAL," as instructed by

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the Party or non-party offering or sponsoring the witness or presenting the testimony.

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(c) For information produced in some form other than documentary, and for any other

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tangible items, that the Producing Party affix in a prominent place on the exterior of the container or

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containers in which the information or item is stored the legend "CONFIDENTIAL." If only portions

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of the information or item warrant protection, the Producing Party, to the extent practicable, shall

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identify the protected portions, specifying the material as "CONFIDENTIAL."

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5 .3

Inadvertent Failures to Designate.

If timely corrected, an inadvertent failure to

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designate qualified information or items as "CONFIDENTIAL" does not, standing alone, waive the

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Designating Party's right to secure protection under this Order for such material. If material is

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approp1iately designated as "CONFIDENTIAL" after the material was initially produced, the
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STIPULATED PROTECTIVE ORDER

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Receiving Party, on timely notification of the designation, must make reasonable efforts to assure that

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the material is treated in accordance with this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
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Timing of Challenges.

Unless a prompt challenge to a Designating Party's

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confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary

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economic burdens, or a later significant disruption or delay of the litigation, a Party does not waive its

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right to challenge a confidentiality designation by electing not to mount a challenge promptly after the

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original designation is disclosed.
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Meet and Confer. A Party that elects to initiate a challenge to a Designating Party's

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confidentiality designation must do so in good faith with counsel for the Designating Party by way of a

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meet and confer process. Counsel agree to begin the meet and confer process directly. In conferring,

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the challenging Party must explain the basis for its belief that the confidentiality designation was not

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proper and must give the Designating Party an opportunity to review the designated material, to

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reconsider the circumstances, and, if no change in designation is offered, to explain the basis for the

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chosen designation. A challenging Party may proceed to the next stage of the challenge process only if

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it has engaged in this meet and confer process first.
6.3

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Judicial Intervention. If after meet and confer, disagreements remain regarding a

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designation, the parties may seek court intervention under the applicable Federal Rules of Civil

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Procedures and Local Rules and any Standing Orders of the Presiding Judge or Magistrate. The

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burden of persuasion in any such challenge proceeding shall be on the Designating Party. Until the

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Court rules on the challenge, all parties shall continue to treat the material in question as

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"CONFIDENTIAL."

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is disclosed or

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produced by another Party or by a non-party in connection with this case only for prosecuting,

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defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to the

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categories of persons and under the conditions described in this Order. When the litigation has been

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STIPULATED PROTECTIVE ORDER

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terminated, a Receiving Party must comply with the provisions of section 10, below (FINAL

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DISPOSITION).
Protected Material must be stored and maintained by a Receiving Party at a location and in a

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secure manner that ensures that access is limited to the persons authorized under this Order.
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Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise ordered by

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the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any

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information or item designated CONFIDENTIAL only to:
(a) the Receiving Party's counsel of record in this action, as well as employees of said

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Counsel to whom it is reasonably necessary to disclose the information for this litigation;
(b) the officers, directors, employees, of the Receiving Party to whom disclosure is

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reasonably necessary for this litigation;
(c) experts (as defined in this Order) of the Receiving Party to whom disclosure is

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reasonably necessary for this litigation;

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(d) the Court and its personnel;

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( e) court reporters, their staffs, and professional vendors to whom disclosure is

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reasonably necessary for this litigation;

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(f) during their depositions, witnesses in the action to whom disclosure is reasonably

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necessary. Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected

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Material must be separately bound by the court reporter and may not be disclosed to anyone except as

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permitted under this Stipulated Protective Order.
(g) the author of the document or the original source of the information.

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8.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

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

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the Receiving Party must immediately: (a) notify in writing the Designating Party of the unauthorized

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disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c) inform the person

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or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request

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such person or persons to be bound by the Stipulated Protective Order.
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STIPULATED PROTECTIVE ORDER

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9.

FILING PROTECTED MATERIAL

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Without written permission from the Designating Party or a court order secured after

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appropriate notice to all interested persons, a Party may not file in the public record in this action any

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Protected Material. A Party that seeks to file under seal any Protected Material must comply with

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Civil Local Rule 141.

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10.

FINAL DISPOSITION

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Unless otherwise ordered or agreed in writing by the Producing Party, within sixty (60) days

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after the final termination of this action, defined as the dismissal or entry of judgment by the District

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Court, or if an appeal is filed, the disposition of the appeal, each Receiving Party must return all

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Protected Material to the Producing Party. As used in this subdivision, "all Protected Material"

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includes all copies, abstracts, compilations, summaries, or any other form of reproducing or capturing

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any of the Protected Material. With permission in writing from the Designating Party, the Receiving

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Party may destroy some or all of the Protected Material instead of returning it. Whether the Protected

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Material is returned or destroyed, the Receiving Party must submit a written certification to the

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Producing Party (and, if not the same person or entity, to the Designating Party) by the sixty (60) day

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deadline that identifies (by category, where appropriate) all the Protected Material that was returned or

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destroyed and that affirms that the Receiving Party has not retained any copies, abstracts, compilations,

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summaries or other forms of reproducing or capturing any of the Protected material. Notwithstanding

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this provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers,

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transcripts, legal memoranda, correspondence or attorney work product, even if such materials contain

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Protected Material. Any such archival copies that contain or constitute Protected Material remain

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subject to this Protective Order as set forth in Section 4 (DURATION), above.

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11.

MISCELLANEOUS
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Right to Further Relief. Nothing in this Order abridges the right of any person to seek

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its modification by the Court in the future.

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STIPULATED PROTECTIVE ORDER

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11.2

Right to Assert Other Objections. By stipulating to the entry of this Protective Order,

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no Party waives any right it otherwise would have to object to disclosing or producing any information

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or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any

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right to object on any ground to use in evidence any of the material covered by this Protective Order.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: ______________________, 2015

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Dale K. Galipo, Esq.
Attorney for Plaintiff, Robert Barron

Dated: ______________________, 2015

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Vicki I. Sarmiento, Esq.
Attorney for Plaintiff, Robert Barron

Dated: ______________________, 2015

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Gary Brickwood, Esq.
Attorney for Defendant, City of Redding
and Chief Robert F. Paoletti

Dated: ______________________, 2015

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Sean O’Dowd, Esq.
Attorney for Defendant, Brandon Largent

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IT IS SO ORDERED.

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Dated: April 16, 2015

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STIPULATED PROTECTIVE ORDER