Robinson et al v. City of Redding et al

Filing 43

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 2/24/2016. (Zignago, K.)

1
2
3
4

GARY BRICKWOOD (SBN 94892)
BRICKWOOD LAW OFFICE
1135 Pine St., Suite 210
Redding, CA 96001
Tel [phone]
Fax [phone]

5
6

Attorneys for Defendants
CITY OF REDDING, ROBERT F. PAOLETTI, REDDING POLICE OFFICERS

7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10
11

KATHERINE ROBINSON; and
WILLIAM ROBINSON,
Plaintiffs,

12

vs.

13
14
15
16
17
18

COUNTY OF SHASTA; SHASTA
SHERIFF’S DEPARTMENT; CITY OF
REDDING, CITY OF REDDING POLICE
DEPARTMENT; ROBERT F. PAOLETTI;
REDDING POLICE OFFICERS,
CORPORAL M. WOODS, BADGE #321,
REDDING POLICE OFFICER A.
HOLLEMON,#168; and REDDING
POLICE OFFICERS as DOES 1 through
DOES 50.

19

) Case No.: 2:14-cv-02910-KJM-KJN
)
)
) STIPULATED PROTECTIVE ORDER
) RE: CONFIDENTIAL DOCUMENTS
)
)
)
)
)
)
)
)
)
)
)
)
)

20
The parties, by and through their respective attorneys of record, hereby stipulate to the

21
22
23

following protective order being issued in this matter:
1.

PURPOSES AND LIMITATIONS

24
25

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

26

confidential or private information for which special protection from public disclosure and

27

from use for any purpose other than prosecuting this litigation would be warranted.

28

Accordingly, the parties hereby stipulate to and petition the court to enter the following

STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL DOCUMENTS
1

1

Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket

2

protections on all disclosures or responses to discovery and that the protection it affords

3

extends only to the limited information or items that are entitled under the applicable legal

4

principles to treatment as confidential. The parties further acknowledge, as set forth in Section

5

11, below, that this Stipulated Protective Order creates no entitlement to file confidential

6

information under seal; Civil Local Rule 141 sets forth the procedures that must be followed

7

and reflects the standards that will be applied when a party seeks permission from the court to

8

file material under seal.

9

2.

10
11
12

DEFINITIONS
2.1

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

consultants, retained experts, and outside counsel (and their support staff).
2.2

Disclosure or Discovery Material: all items or information, regardless of the

13

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

14

transcripts, or tangible things) that are produced or generated in disclosures or responses to

15

discovery by any Party in this matter.

16

2.3

“Confidential” Information or Items: information (regardless of how generated,

17

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

18

under Federal Rule of Civil Procedure 26(c). This material includes, but is not limited to,

19

medical records of the parties, as well as officer personnel records marked "CONFIDENTIAL"

20

and other similar confidential records designated as such.

21

2.4

22

Producing Party.

23

2.5

24
25
26
27
28

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

Producing Party: a Party or non-party that produces Disclosure or Discovery

Material in this action.
2.6

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

that it produces in disclosures or in responses to discovery as “Confidential.”
2.7

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

“Confidential.”
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL DOCUMENTS
2

1
2

2.8

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

retained to represent or advise a Party in this action.

3

2.9

Expert: a person with specialized knowledge or experience in a matter pertinent

4

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

5

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

6

competitor of a Party’s and who, at the time of retention, is not anticipated to become an

7

employee of a Party or a competitor of a Party’s.

8

2.10

Professional Vendors:

persons or entities that provide litigation support

9

services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations;

10

organizing, storing, retrieving data in any form or medium; etc.) and their employees and

11

subcontractors.

12

3.

SCOPE

13

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

14

Material (as defined above), but also any information copied or extracted therefrom, as well as

15

all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or

16

presentations by parties or counsel to or in court or in other settings that might reveal Protected

17

Material.

18

4.

DURATION

19

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

20

this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court

21

order otherwise directs.

22

5.

23

DESIGNATING PROTECTED MATERIAL
5.1

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

24

Party or non-party that designates information or items for protection under this Order must

25

take care to limit any such designation to specific material that qualifies under the appropriate

26

standards. A Designating Party must take care to designate for protection only those parts of

27

material, documents, items, or oral or written communications that qualify – so that other

28

portions of the material, documents, items or communications for which protection is not
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL DOCUMENTS
3

1

warranted are not swept unjustifiably within the ambit of this Order.

2

Mass, indiscriminate, or routine designations are prohibited. Designations that are

3

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

4

unnecessarily encumber or retard the case development process, or to impose unnecessary

5

expenses and burdens on other parties), expose the Designating Party to sanctions.

6

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

7

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

8

other parties that it is withdrawing the mistaken designation.

9

5.2

Manner and Timing of Designations. Except as otherwise provided in this

10

Order (see, e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or

11

ordered, material that qualifies for protection under this Order must be clearly so designated

12

before the material is disclosed or produced. Designation in conformity with this Order

13

requires:

14

(a)

for information in documentary form (apart from transcripts of

15

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

16

watermark “CONFIDENTIAL” on each page that contains protected material.

17

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

18

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

19

margins) and must specify, for each portion that it is “CONFIDENTIAL.” A Party or non-

20

party that makes original documents or materials available for inspection need not designate

21

them for protection until after the inspecting Party has indicated which material it would like

22

copied and produced. After the inspecting Party has identified the documents it wants copied

23

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

24

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

25

Producing Party must affix the designation “CONFIDENTIAL” on each page that contains

26

Protected Material. If only a portion or portions of the material on a page qualifies for

27

protection, the Producing Party must clearly identify the protected portion(s) (e.g., by making

28

appropriate markings in the margins) and must specify that the material is “CONFIDENTIAL.”
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL DOCUMENTS
4

If only a

1

b)

for testimony given in deposition or in other pretrial or trial proceedings,

2

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

3

the close of the deposition, hearing, or other proceeding, all protected testimony, and further

4

specify any portions of the testimony that qualify as “CONFIDENTIAL.”

5

impractical to identify separately each portion of testimony that is entitled to protection, and

6

when it appears that substantial portions of the testimony may qualify for protection, the Party

7

or non-party that sponsors, offers, or gives the testimony may invoke on the record (before the

8

deposition or proceeding is concluded) a right to have up to twenty (20) days to identify the

9

specific portions of the testimony as “CONFIDENTIAL.”

When it is

Only those portions of the

10

testimony that are appropriately designated for protection within the 20 days shall be covered

11

by the provisions of this Stipulated Protective Order. Transcript pages containing Protected

12

Material must be separately bound by the court reporter, who must affix to the top of each such

13

page the legend “CONFIDENTIAL,” as instructed by the Party or non-party offering or

14

sponsoring the witness or presenting the testimony.

15

(c)

for information produced in some form other than documentary, and for

16

any other tangible items, that the Producing Party affix in a prominent place on the exterior of

17

the container or containers in which the information or item is stored the legend

18

“CONFIDENTIAL.”

19

Producing Party, to the extent practicable, shall identify the protected portions, specifying the

20

material as “CONFIDENTIAL.”

21

5.3

If only portions of the information or item warrant protection, the

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

22

designate qualified information or items as “CONFIDENTIAL” does not, standing alone,

23

waive the Designating Party’s right to secure protection under this Order for such material. If

24

material is appropriately designated as “CONFIDENTIAL” after the material was initially

25

produced, the Receiving Party, on timely notification of the designation, must make reasonable

26

efforts to assure that the material is treated in accordance with this Order.

27

///

28

///
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL DOCUMENTS
5

1

6.

2

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Unless a prompt challenge to a Designating Party’s

3

confidentiality designation is necessary to avoid foreseeable substantial unfairness,

4

unnecessary economic burdens, or a later significant disruption or delay of the litigation, a

5

Party does not waive its right to challenge a confidentiality designation by electing not to

6

mount a challenge promptly after the original designation is disclosed.

7

6.2

Meet and Confer. A Party that elects to initiate a challenge to a Designating

8

Party’s confidentiality designation must do so in good faith with counsel for the Designating

9

Party by way of a meet and confer process. Counsel agree to begin the meet and confer

10

process directly. In conferring, the challenging Party must explain the basis for its belief that

11

the confidentiality designation was not proper and must give the Designating Party an

12

opportunity to review the designated material, to reconsider the circumstances, and, if no

13

change in designation is offered, to explain the basis for the chosen designation. A challenging

14

Party may proceed to the next stage of the challenge process only if it has engaged in this meet

15

and confer process first.

16

6.3

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

17

a designation, the parties may seek court intervention under the applicable Fed. Rules of Civil

18

Procedure and Local Rules and any Standing Orders of the Presiding Judge or Magistrate

19

Judge. The burden of persuasion in any such challenge proceeding shall be on the Designating

20

Party. Until the court rules on the challenge, all parties shall continue to treat the material in

21

question as “CONFIDENTIAL.”

22

7.

23

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles.

A Receiving Party may use Protected Material that is

24

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

25

prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be

26

disclosed only to the categories of persons and under the conditions described in this Order.

27

When the litigation has been terminated, a Receiving Party must comply with the provisions of

28

section 11, below (FINAL DISPOSITION). Protected Material must be stored and maintained
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL DOCUMENTS
6

1

by a Receiving Party at a location and in a secure manner that ensures that access is limited to

2

the persons authorized under this Order.

3

7.2

Disclosure of “CONFIDENTIAL” Information or Items.

Unless otherwise

4

ordered by the court or permitted in writing by the Designating Party, a Receiving Party may

5

disclose any information or item designated CONFIDENTIAL only to:

6

(a)

the Receiving Party’s counsel of record in this action, as well as

7

employees of said Counsel to whom it is reasonably necessary to disclose the information for

8

this litigation;

9
10

(b)

disclosure is reasonably necessary for this litigation;

11
12

the officers, directors, employees, of the Receiving Party to whom

(c)

experts (as defined in this Order) of the Receiving Party to whom

disclosure is reasonably necessary for this litigation;

13

(d)

the Court and its personnel;

14

(e)

court reporters, their staffs, and professional vendors to whom disclosure

15

is reasonably necessary for this litigation;

16

(f)

during their depositions, witnesses in the action to whom disclosure is

17

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

18

reveal Protected Material must be separately bound by the court reporter and may not be

19

disclosed to anyone except as permitted under this Stipulated Protective Order.

20
21

(g)
8.

the author of the document or the original source of the information.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

22

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

23

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

24

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

25

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

26

Material, (c) inform the person or persons to whom unauthorized disclosures were made of all

27

the terms of this Order, and (d) request such person or persons to be bound by the Stipulated

28

Protective Order.
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL DOCUMENTS
7

1

9.

FILING PROTECTED MATERIAL

2

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

3

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

4

action any Protected Material. A Party that seeks to file under seal any Protected Material

5

must comply with Civil Local Rule 141.

6

12.

7

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

8

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

9

district court, or if an appeal is filed, the disposition of the appeal, each Receiving Party must

10

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

11

Material” includes all copies, abstracts, compilations, summaries or any other form of

12

reproducing or capturing any of the Protected Material. With permission in writing from the

13

Designating Party, the Receiving Party may destroy some or all of the Protected Material

14

instead of returning it. Whether the Protected Material is returned or destroyed, the Receiving

15

Party must submit a written certification to the Producing Party (and, if not the same person or

16

entity, to the Designating Party) by the sixty day deadline that identifies (by category, where

17

appropriate) all the Protected Material that was returned or destroyed and that affirms that the

18

Receiving Party has not retained any copies, abstracts, compilations, summaries or other forms

19

of reproducing or capturing any of the Protected material. Notwithstanding this provision,

20

Counsel are entitled to retain an archival copy of all pleadings, motion papers, transcripts, legal

21

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

22

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

23

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

24

13.

25

FINAL DISPOSITION

MISCELLANEOUS
13.1

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

26

to seek its modification by the Court in the future.

27

///

28

///
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL DOCUMENTS
8

1

13.2

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

2

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

3

any information or item on any ground not addressed in this Stipulated Protective Order.

4

Similarly, no Party waives any right to object on any ground to use in evidence of any of the

5

material covered by this Protective Order.

6
7

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

8
9

DATED: February 8, 2016

Respectfully submitted,

10

BRICKWOOD LAW OFFICE

11

/s/
GARY BRICKWOOD
GARY BRICKWOOD
Attorneys for Defendant
CITY OF REDDING

12
13
14
15
16
17
18
19

DATED: January 29, 2016

LAW OFFICE OF LARRY L. BAUMBACH
/s/
LARRY L. BAUMBACH
LARRY L. BAUMBACH
Attorneys for Plaintiffs
KATHERINE and WILLIAM ROBINSON

20
21
22
23
24
25
26
27
28
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL DOCUMENTS
9

PURSUANT TO STIPULATION, IT IS SO ORDERED. However, the court emphasizes

1
2
3

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

4
certain documents, at any court hearing or trial—such determinations will only be
5
6
7
8
9
10

made by the court at the hearing or trial, or upon an appropriate motion.
2. The parties must comply with the provisions related to sealing motions outlined in
Judge Mueller’s pretrial scheduling order, including but not limited to sections IV and
VII of that order. (See ECF No. 40.) To the extent that there is any inconsistency,
the pretrial scheduling order shall govern.

11
12

Dated: February 24, 2016

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL DOCUMENTS
10