Cole, et al. v. County of Butte, et al.

Filing 19

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 04/21/15. (Benson, A)

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PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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A PROFESSIONAL CORPORATION
Stephen E. Horan, SBN 125241
William E. Camy, SBN 291397
350 University Avenue, Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]
OFFICE OF COUNTY COUNSEL
COUNTY OF BUTTE
Bruce S. Alpert, SBN 75684
25 County Center Drive, Suite 210
Oroville, CA 95965
Tel: [phone]
Fax: [phone]

Attorneys for Defendants, COUNTY OF BUTTE, DEPUTY DAN ANGEL, DEPUTY HUGH
HOOKS, DEPUTY BRETT MARSTERS, DEPUTY TRACY PANUKE and SERGEANT JEFF
YOUNG

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JORDAN COLE, FINESSE REED, DAVID
THOMAS,

Case No.: 2:14-CV-01760-MCE-KJN
STIPULATED PROTECTIVE ORDER

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Plaintiffs,

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vs.
COUNTY OF BUTTE, DEPUTY DAN
ANGEL, DEPUTY HUGH HOOKS,
DEPUTY BRETT MARSTERS, DEPUTY
TRACY PANUKE, SERGEANT JEFF
YOUNG, DOE 1 through DOE 40, in their
official and individual capacities.

Complaint Filed: 7/25/2014

Defendants.
___________________________________/
Defendants COUNTY OF BUTTE, DEPUTY DAN ANGEL, DEPUTY HUGH HOOKS,
DEPUTY BRETT MARSTERS, DEPUTY TRACY PANUKE and SERGEANT JEFF YOUNG

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STIPULATED PROTECTIVE ORDER

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Cole et al. v. County of Butte et al.
Case No. 2:14-CV-01760-MCE-KJN

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PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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in good faith believe that the following documents contain information that is (a) confidential,
sensitive, or potentially invasive of an individual’s privacy interests; (b) not generally known; (c)
not normally revealed to the public or third parties, or, if disclosed to third parties, would require
such third parties to maintain the information in confidence and (d) protected by the federal
common law official information privilege.
Defendants take the position that these documents are Confidential:
1.

Personnel records of County of Butte’s Sheriff personnel, including Deputies DAN

ANGEL, HUGH HOOKS, BRETT MARSTERS, TRACY PANUKE, and Sergeant JEFF
YOUNG, employed by Butte County Sheriff’s Department, including but not limited to
documents concerning, relating or referring to: background investigations, hiring, appointment,
termination, job performance and evaluations, awards, commendations, and recognition of all
professional accomplishments, training, internal affairs investigative files, citizen complaints,
charges of misconduct, resulting discipline or retraining.
IT IS HEREBY STIPULATED by, among and between the parties through their counsels
of record, that the documents described herein may be designated as “Confidential” by the
COUNTY OF BUTTE, DEPUTY DAN ANGEL, DEPUTY HUGH HOOKS, DEPUTY BRETT
MARSTERS, DEPUTY TRACY PANUKE and SERGEANT JEFF YOUNG and produced
subject to the following Protective Order:
1.

The disclosed documents shall be used solely in connection with the civil case

Cole, et al. v. County of Butte, et al., Case No. 2:14-CV-01760-MCE-KJN (USDC EDCA) and in
the preparation and trial of the case. The Parties do not waive any objections to the admissibility
of the documents or portions thereof in future proceedings in this case, including trial. Any
documents submitted in any related litigation that were under seal remain under seal in this action.
2.

A party producing the documents and materials described herein may designate

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those materials as confidential by affixing a mark labelling them “Confidential” provided that such

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marking does not obscure or obliterate the content of any record. If any confidential materials

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cannot be labeled with this marking, those materials shall be placed in a sealed envelope or other

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container that is in turn marked “Confidential” in a manner agreed upon by the disclosing and

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STIPULATED PROTECTIVE ORDER

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Cole et al. v. County of Butte et al.
Case No. 2:14-CV-01760-MCE-KJN

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requesting parties. Documents may also bear a mark labelling them “Redacted” to protect third

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party privacy rights and information not subject to disclosure.

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3.

Documents or materials designated under this Protective Order as “Confidential”

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

Jivaka Candappa, Lisa Bloom and Kaprisha Vallecillo of THE BLOOM FIRM, and

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associate attorneys in that office, if any, as counsel for Plaintiffs JORDAN COLE FINESSE

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REED and DAVID THOMAS in the case enumerated above;

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(b)

Stephen E. Horan of PORTER SCOTT, and associate attorneys in his office, as

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counsel for Defendants COUNTY OF BUTTE, DEPUTY DAN ANGEL, DEPUTY HUGH

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HOOKS, DEPUTY BRETT MARSTERS, DEPUTY TRACY PANUKE and SERGEANT JEFF

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YOUNG in the case enumerated above;

PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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(c)

Paralegal, clerical, and secretarial personnel regularly employed by counsel

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referred to in subparts (a), (b) and (c) immediately above, including stenographic deposition

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reporters or videographers retained in connection with this action;

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(d)

Court personnel, including stenographic reporters or videographers engaged in

proceedings as are necessarily incidental to the preparation for the trial in the civil action;

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(e)

Any expert, consultant, or investigator retained in connection with this action;

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(f)

The finder of facts at the time of trial, subject to the court’s rulings on in limine

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motions and objections of counsel; and,

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(j)

Witnesses during their depositions in this action.

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4.

Prior to the disclosure of any Confidential information to any person identified in

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paragraph 3 and it sub-parts, each such recipient of Confidential information shall be provided

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with a copy of this Stipulated Protective Order, which he or she shall read. Upon reading this

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Protective Order, such person shall acknowledge in writing as follows:

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I have read the Protective Order that applies in Cole, et al. v. County of Butte, et
al., Case No. 2:14-CV-01760-MCE-KJN (USDC EDCA) and shall abide by its
terms. I consent to be subject to the jurisdiction of the United States District Court
for the Eastern District of California, including without limitation in any
proceeding for contempt.

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STIPULATED PROTECTIVE ORDER

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Cole et al. v. County of Butte et al.
Case No. 2:14-CV-01760-MCE-KJN

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

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Court, Eastern District of California, including without limitation any proceeding for contempt.
Provisions of this Stipulated Protective Order, insofar as they restrict disclosure and use of the
material, shall be in effect until further order of this Court. The attorneys designated in subparts
(a) and (b) of Paragraph 3 above shall be responsible for internally tracking the identities of those
individuals to whom copies of documents marked Confidential are given. The Defendants may
request the identities of said individual(s) upon the final termination of the litigation or if it is able
to demonstrate a good faith basis that any of the other parties to this action, or agents thereof, have
breached the terms of the Stipulated Protective Order.

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PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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Stipulated Protective Order, the parties agree that they will seek permission from the Court to file
the confidential information under seal according to Local Rule 141. If permission is granted, the
confidential material will be filed and served in accordance with Local Rule 141.

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production thereof is without prejudice to the right of any party to oppose the admissibility of the
designated document or information.
7.

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The designation of documents or information as “Confidential” and the subsequent

6.

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As to all documents or materials designated as “Confidential” pursuant to this

5.

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A party may apply to the Court for an order that information or materials labeled

“Confidential” are not, in fact, confidential. Prior to applying to the Court for such an order, the
party seeking to reclassify confidential information shall meet and confer with the producing
party. Until the matter is resolved by the parties or the Court, the information in question shall
continue to be treated according to its designation under the terms of this Stipulated Protective
Order.

The producing party shall have the burden of establishing the propriety of the

“Confidential” designation.

A party shall not be obligated to challenge the propriety of a

confidentiality designation at the time made and a failure to do so shall not preclude a subsequent
challenge thereto.
8.

Copies of Confidential Documents

The following procedures shall be utilized by the parties in production of documents and
materials designated as “Confidential”:
(a)

Counsel for parties other than the Defendants shall receive one copy of the

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STIPULATED PROTECTIVE ORDER

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Cole et al. v. County of Butte et al.
Case No. 2:14-CV-01760-MCE-KJN

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PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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confidential documents at no charge.
(b)

Counsel for parties other than the Defendants shall not copy, duplicate, furnish,

disclose, or otherwise divulge any information contained in the confidential documents to
any source, except those persons identified in Paragraph 3 herein, without further order of
the Court or authorization from counsel for the Defendants. But should counsel disclose
the information to anyone under this provision, then counsel shall notify the attorneys of
record for the other parties at least 10 days before the disclosure so that additional
protective orders may be sought from the Court.
(c)

If the other parties in good faith require additional copies of documents marked

“Confidential” in preparation of their case, they shall make a further request to counsel for
the Defendants. Upon agreement with counsel for the Defendants, copies will be produced
in a timely manner to the requesting party, pursuant to the procedures of this Stipulated
Protective Order.

Agreement shall not be unreasonably withheld by counsel for the

Defendants.
9.

If any document or information designated as confidential pursuant to this

Stipulated Protective Order is used or disclosed during the course of a deposition, that portion of
the deposition record reflecting such material shall be stamped with the appropriate designation
and access shall be limited pursuant to the terms of this Stipulated Protective Order. The court
reporter for the deposition shall mark the deposition transcript cover page and all appropriate
pages or exhibits and each copy thereof, in accordance with paragraph 5 of this Stipulated
Protective Order. Only individuals who are authorized by this Protective Order to see or receive
such material may be present during the discussion or disclosure of such material.
10.

Notwithstanding the provisions of Paragraph 3, confidential information produced

pursuant to this Protective Order may not be delivered, exhibited or otherwise disclosed to any
reporter, writer or employee of any trade publication, newspaper, magazine or other media
organization, including but not limited to radio and television media.
11.

Should any information designated confidential be disclosed, through inadvertence

or otherwise, to any person not authorized to receive it under this Protective Order, the disclosing
person(s) shall promptly (a) inform counsel for the Defendants of the recipient(s) and the

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STIPULATED PROTECTIVE ORDER

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Cole et al. v. County of Butte et al.
Case No. 2:14-CV-01760-MCE-KJN

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PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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circumstances of the unauthorized disclosure and (b) use best efforts to bind the recipient(s) to the
terms of this Protective Order.
12.

No information shall lose its confidential status because it was inadvertently or

unintentionally disclosed to a person not authorized to receive it under this Protective Order. In
addition, any information that is designated confidential and produced by the Defendants does not
lose its confidential status due to any inadvertent or unintentional disclosure. In the event that the
Defendants make any such inadvertent disclosure, the documents which are confidential will be
identified accordingly, marked in accordance with Paragraph 2 above, and a copy of the
Confidential-marked documents provided to the other parties to this action.
Upon receipt of the Confidential-marked documents, the receiving parties will return the
unmarked version of the documents to counsel for the Defendants within fourteen (14) days.
13.

After the conclusion of this litigation, all documents and materials, in whatever

form stored or reproduced containing confidential information will remain confidential.

All

documents and materials produced to counsel for the other parties pursuant to this Stipulated
Protective Order shall be returned to counsel for the Defendants in a manner in which counsel will
be able to reasonably verify that all documents were returned. All parties agree to ensure that all
persons to whom confidential documents or materials were disclosed shall be returned to counsel
for Defendants. “Conclusion” of this litigation means a termination of the case following a trial or
settlement.
14.

No later than thirty (30) days after settlement or of receiving notice of the entry of

an order, judgment, or decree terminating this action, all persons having received the confidential
documents shall return said documents to counsel for the Defendants.
15.

If any party appeals a jury verdict or order terminating the case, counsel for the

Defendants shall maintain control of all copies of confidential documents. If following an appeal
the district court reopens the case for further proceedings, the documents shall be returned to
counsel for the other parties.
16.

This Stipulated Protective Order shall remain in full force and effect and shall

continue to be binding on all parties and affected persons until this litigation terminates, subject to
any subsequent modifications of this Stipulated Protective Order for good cause shown by this

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STIPULATED PROTECTIVE ORDER

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Cole et al. v. County of Butte et al.
Case No. 2:14-CV-01760-MCE-KJN

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Court or any Court having jurisdiction over an appeal of this action. Upon termination of this
litigation, the parties agree the Stipulated Protective Order shall continue in force as a private
agreement between the parties.
17.

During the pendency of this lawsuit, the Court shall (a) make such amendments,

modifications and additions to this Protective Order as it may deem appropriate upon good cause
shown; and, (b) adjudicate any dispute arising under it.
IT IS SO STIPULATED.
Date: April 14, 2015

/s/ Jivaka Candappa
By:_________________________
Jivaka Candappa
Lisa Bloom
Kaprisha Vallecillo
Attorneys for Plaintiffs JORDAN COLE,
FINESSE REED, DAVID THOMAS

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PORTER | SCOTT

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350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

THE BLOOM FIRM

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Date: April 17, 2015

PORTER | SCOTT
A PROFESSIONAL CORPORATION

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By____/s/ Stephen Horan_______
Stephen E. Horan
William E. Camy
Attorneys for Defendants COUNTY OF
BUTTE, DEPUTY DAN ANGEL, DEPUTY
HUGH
HOOKS,
DEPUTY
BRETT
MARSTERS, DEPUTY TRACY PANUKE
and SERGEANT JEFF YOUNG

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STIPULATED PROTECTIVE ORDER

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Cole et al. v. County of Butte et al.
Case No. 2:14-CV-01760-MCE-KJN

ORDER

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PURSUANT TO THE STIPULATION AND GOOD CAUSE APPEARING, IT IS SO

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ORDERED, except that: (a) documents submitted under seal in another case may not

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automatically be filed under seal in this case – a proper application pursuant to Local Rule 141

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shall be made; (b) court personnel shall not be subject to the acknowledgement procedures

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outlined in paragraph 4, nor shall the court be required to return any copies of confidential

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documents filed or lodged with it in this case; and (c) nothing in this order shall limit the

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testimony of parties or non-parties, or the use of certain documents, at any court hearing or

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trial—such determinations will only be made by the court at the hearing or trial, or upon an

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appropriate motion.

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Dated: April 21, 2015

PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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STIPULATED PROTECTIVE ORDER

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Cole et al. v. County of Butte et al.
Case No. 2:14-CV-01760-MCE-KJN