Jurgens v. Dubendorf, et al

Filing 34

STIPULATION AND PROTECTIVE ORDER signed by Magistrate Judge Deborah Barnes on 9/26/16. (Becknal, R)

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James J. McGarry, Esq. - SBN 92856
[e-mail]
McGARRY & LAUFENBERG
615 Nash Street, Suite 305
El Segundo, California 90245

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[phone]

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Attorneys for Defendants, Officer Matt
Dubendorf, Officer Billy J. Saukkola, Officer
Stephen Newman and Officer Kevin White

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JEFFREY A. JURGENS, JR., 2:14-cv-02780 KJM DB
Plaintiff,

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v.

STIPULATION AND
PROTECTIVE ORDER

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California Highway Patrol
Officer M. DUBENDORF
(Badge #18286), in his
individual capacity;
California Highway Patrol
Officer S. NEWMAN (Badge
#18425); California Highway
Patrol Officer BILLY J.
SAUKKOLA (Badge #18291);
California Highway Patrol
Officer K. WHITE (Badge
#18424); California Highway
Patrol Sergeant S.A.
DURYEE (Badge #15584);
and Does 1-10,

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Defendants.

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TO ALL PARTIES AND TO THEIR ATTORNEYS OF
RECORD:

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1 - STIPULATION FOR AND PROTECTIVE ORDER

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IT IS HEREBY STIPULATED by and between the parties,

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through their respective counsel, that the Court may enter the

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following protective order:

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1.

Application.

The terms of this order apply to: (1)

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investigative reports, photographs video and audio tapes or

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other

materials

produced

during

discovery

which

contain

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official, private, confidential or personal information that
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cannot be readily redacted, (2) plaintiff’s medical records

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and; (3) any other materials that the parties agree may be

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covered by this order.
to

as

This material will be collectively

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referred

“confidential

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remainder of this document .

material”

throughout

the

It is the obligation of the party

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producing confidential material to identify such materials at

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the time of production. “Designating party” is defined as a

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party or non-party that designates information or items that it

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produces

in

disclosures

or

in

responses

to

discovery

as

“Confidential.”
2.

Permissible use of confidential material.

Counsel

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for the parties may not use confidential material, or any
document derived from or based on such material, such as an
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expert

report

(hereinafter

“derivative

mater ial”),

for

any

purpose other than the conduct of this litigation.

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3.

Duplication of confidential material.

Counsel for

the parties may make only one copy of any confidential or
derivative material.

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4.
Counsel

Disclosure of confidential
for

the

plaintiffs

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derivative

material

to

the

may

material

disclose

plaintiff ’s

to

plaintiffs.

confidential

Guardian

Ad

or

Litem

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Joanna Jurgens.
5.

Permissive disclosure of confidential material to

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specific individuals and entities. Counsel for the parties may

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disclose confidential or derivative material only to (a) the

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Court, including any courtroom personnel; (b) the paralegal

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and clerical staff employed by counsel for the plaintiffs, if

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such disclosure is necessary to the conduct of the litigation;

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(c) any experts or consultants (together with their clerical

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staff) that counsel for the parties retain to assist in the

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prosecution of this action; (d) any court reporter responsible

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for recording or transcribing any proceeding in this action;

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(e) any witness at any deposition or other reported proceeding
in this action; (f) mediators or arbitrators and their staff; and
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(g) any other person to whom the designating party agrees in
writing it may be disclosed. Counsel for the parties shall not

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disclose confidential or derivat ive material to any of the

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above

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individuals

(excluding

the

Court

and

courtroom

personnel) until counsel for the parties has explained to that

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person the obligations created by this protective order and

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obtained that person’s agreement to abide by the cont ents of

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this protective order.

Nothing in this paragraph imposes any

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restrictions on the use or disclosure by counsel for the parties

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of any material obtained independent of discovery in this

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action, whether or not such material is also obtained through
discovery in this action.
6.

Use

of

confidential

material

at

depositions.

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Counsel for the parties may present confidential information

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to witnesses at depositions, and examine them concerning that

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confidential information, only after explaining to the witn ess

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on the record that the information is confidential and subject

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to this protective order, and only after the witness agrees to

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abide by the terms of this protective order and maintain the

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confidentiality of the information per the terms of the order.
No witness may leave any deposition with any confidential or
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derivative material that was disclosed to that witness during
that deposition. If a witness testifies concerning confidential

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information at a deposition, that testimony will be treated as

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confidential information.

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Counsel for the designating party

shall make arrangements with the court reporter transcribing

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the

deposition

to

separately

bind

any

portions

of

the

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transcript containing information designated as confidential,

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and to label those portions appropriately.
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7.

Use of confidential material in open co urt.

Counsel

for either party may not use any confidential or derivative

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material in open court for any purpose without first having

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provided reasonable notice of such intent to opposing counse l

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so that opposing counsel may object or move in limine to

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exclude such evidence, if appropriate, prior to it being used
in open court.
8.

Filing of confidential material.

Counsel for either

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party may not file any confidential or derivativ e material

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without

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opposing counsel so that opposing counsel may seek the

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first

having

provided

notice

of

such

intent

to

court’s permission for the material to be filed under seal,
pursuant to Civil Local Rule 141. If either party’s request to
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file confidential material under seal pursuant to Civil Local
Rule 141 is denied by the court, then the information may be

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filed in the public record unless otherwise instructed by the

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court.

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9.

Destruction

of

confidential

material.

At

the

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conclusion of this litigation, counsel fo r the parties shall

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return

all

confidential

and

derivative

materials

to

the

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designating party, or shall certify to the designating party
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that all such materials have been destroyed.

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10.

Further orders.

The foregoing is without prejudice

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to the right of any party: (a) to apply to the Court for a

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further or different protective order covering any material to

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be produced in this litigation;

(b) to apply to the Court for

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an order removing the confidential designation from any

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material; (c) to apply to the Cou rt for an order compelling

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production of documents or modification of this order or for

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any

order

permitting

disclosure

of

confidential

material

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beyond the terms of this order; and (d) to object to the

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production of privileged or private information.

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11.

Term.

termination

of

This order shall remain in effect after the
this

litigation

and

the

Court

shall

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retain

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jurisdiction to resolve any dispute arising out of this order.
SO STIPULATED:

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DATED: September 19, 2016 McGARRY & LAUFENBERG

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/s/ James J. McGarry
JAMES J. McGARRY
Attorneys for Defendants,
Officer Matt Dubendorf, Officer
Billy J. Saukkola, Officer
Stephen Newman and Officer
Kevin White

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DATED: September 16 , 2016 WEINER MARTINEZ, LLP

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/s/Beau Daniel Weiner____
BEAU D. WEINER
Attorneys for Plaintiff,
Jeffrey A. Jurgens, Jr.

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DATED: September 19 , 2016
/s/ Kevin W. Reager
KEVIN W. REAGER
Attorneys for Defendant,
CALIFORNIA HIGHWAY
PATROL Capt. S. DURYEE

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ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED.

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IT IS FURTHER ORDERED THAT:

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1. Requests to seal documents shall be made by motion before the same judge who will

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decide the matter related to that request to seal.
2. The designation of documents (including transcripts of testimony) as confidential
pursuant to this order does not automatically entitle the parties to file such a document with the

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court under seal. Parties are advised that any request to seal documents in this district is governed

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by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a

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written order of the court after a specific request to seal has been made. L.R. 141(a). However, a

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mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires

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that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing,

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the requested duration, the identity, by name or category, of persons to be permitted access to the

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document, and all relevant information.” L.R. 141(b) (emphasis added).

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3. A request to seal material must normally meet the high threshold of showing that
“compelling reasons” support secrecy; however, where the material is, at most, “tangentially

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related” to the merits of a case, the request to seal may be granted on a showing of “good cause.”

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Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016), petition

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for cert. filed, ___ U.S.L.W. ___ (U.S. March 24, 2016) (No. 15-1211); Kamakana v. City and

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County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006).

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4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of

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certain documents, at any court hearing or trial – such determinations will only be made by the

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court at the hearing or trial, or upon an appropriate motion.

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5. With respect to motions regarding any disputes concerning this protective order which

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the parties cannot informally resolve, the parties shall follow the procedures outlined in Local

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Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex

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parte basis or on shortened time.

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6. The parties may not modify the terms of this Protective Order without the court’s

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approval. If the parties agree to a potential modification, they shall submit a stipulation and

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proposed order for the court’s consideration.

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7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement

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of the terms of this Protective Order after the action is terminated.

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8. Any provision in the parties’ stipulation that is in conflict with anything in this order is

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hereby DISAPPROVED.

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Dated: September 26, 2016

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DLB:6
DLB1\orders.civil\jurgens2780.stip.prot.ord

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