Creer v. City of Vallejo et al

Filing 36

ORDER signed by Magistrate Judge Deborah Barnes on 8/20/16 ORDERING that in order to protect the confidentiality of the records produced by defendant said records disclosed are designated as Confidential Material." (See order for further details.) (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LATASHA NICOLE CREER,

12
13
14
15

No. 2:14-cv-1428 JAM DB PS

Plaintiff,
v.

ORDER

CITY OF VALLEJO, et al.,
Defendants.

16
17

This action came before the court on August 19, 2016, for hearing of plaintiff’s motion to

18

compel and defendants’ motion to compel. Attorney Kelly Trujillo appeared on behalf of the

19

defendants and plaintiff Latasha Creer appeared on her own behalf.

20

After consideration of the arguments on file and those made at the hearing, and for the

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 defendant City of

23

Vallejo’s 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

26

records disclosed are designated as “Confidential Material.”

27

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

28

3. Confidential Material may be disclosed only to the following persons:
1

1

a.

Counsel for any party to this action;

2

b.

Paralegal, stenographic, clerical and secretarial personnel regularly

3
4

employed by counsel referred to in [3](a);
c.

Court personnel including stenographic reporters engaged in such

5

proceedings as are necessarily incidental to preparation for the trial

6

of this action;

7

d.

8
9

action and not otherwise employed by either party;
e.

10
11

Any outside expert or consultant retained in connection with this

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

f.

Witnesses, other than the Plaintiff herein, who may have the

12

documents disclosed to them during deposition proceedings; the

13

witnesses may not leave the depositions with copies of the

14

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

15

g.

Any neutral evaluator or other designated ADR provider;

16

h.

Parties to this action; and

17

i.

The jury, should this matter go to trial.

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

order. Defendant City of Vallejo and the named Defendants herein shall be entitled to

26

retain possession of the original writings described above. Nothing in this paragraph 4

27

is intended to prevent officials or employees of the City of Vallejo or other authorized

28

government officials or any other persons from having access to the documents if they
2

1

would have had access in the normal course of their job duties or rights as a citizen.

2

Further, nothing in this order prevents a witness from disclosing events or activities

3

personal to them, i.e., a witness can disclose to others previous information given to

4

the City of Vallejo with respect to what she/he saw, heard, or otherwise sensed.

5

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

6

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

7

(including any copies made) shall be delivered back to the City of Vallejo. Provisions

8

of this order insofar as they restrict disclosure and use of the material shall be in effect

9

until all Confidential Material (including all copies thereof) are returned to

10
11

Defendants.
6. Should a party intend to file Confidential Material with the court, as an exhibit to a

12

pleading or otherwise, that party must first notify all other parties (defendants through

13

their attorneys or plaintiff pro se), no less than fourteen days before the intended filing

14

date, giving any such party reasonable notice and an opportunity to apply to the court

15

for an order to file the material under seal. No document shall be filed under seal

16

unless a party secures a court order allowing the filing of a document under seal in

17

accordance with the provisions of E.D. Local Rule 141.

18

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

19

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

20

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

21

redacted so as to prevent disclosure of such Confidential Material.

22

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

23

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

24

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

25

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

26

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

27

any order permitting disclosure of Confidential Materials beyond the terms of this

28

order.
3

1

9. Upon receipt of this Protective Order and disclosure of the Confidential Material it

2

will be presumed that plaintiff knows of the contents of this Protective Order,

3

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

4

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

5

proceeding relating to the enforcement of this Protective Order.1

6

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

7

social security numbers, driver’s license numbers and home addresses, while

8

providing plaintiff with a log containing identifying numbers corresponding to the

9

officer names that have been redacted.

10

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

11

not for any other purpose.

12

12. Plaintiff may disclose Confidential Material to one person not otherwise identified in

13

section 3 above, provided that plaintiff deems the disclosure necessary to aid

14

plaintiff’s

15

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND attached to this

16

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

17

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND with the Court.

18

the

person

completes

/////

23

AND

/////

22

action;

/////

21

this

/////

20

of

/////

19

prosecution

/////

24
25
26
27
28

1

In this regard, plaintiff need not agree on the record or in writing that she has read the
protective order and that she 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

the

1

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

2

SIGNATORIES WHO VIOLATE THE PROTECTIVE ORDER, to any and all

3

permissible SANCTIONS, including dismissal.

4

Dated: August 20, 2016

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

DLB:6

5

1

DLB1\orders.pro se\creer1428.oah.081916.ord

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6

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 Latasha Nicole Creer v. City

7

of Vallejo, et al., No. 2:14-cv-1428 JAM DB PS. I agree to comply with and to be bound by all

8

the terms of this Protective Order and I understand and acknowledge that failure to so comply

9

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

10

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

11

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

12

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

13

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

14

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

15

Date: _________________

16

City and State where sworn and signed: _________________________________

17
18

Printed name: ______________________________

19
20

Signature: __________________________________

21
22
23
24
25
26
27
28
7