Smith v. City of Stockton et al

Filing 26

STIPULATION and ORDER to Protect Confidential Information signed by Magistrate Judge Allison Claire on 8/10/15. (Kastilahn, A)

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JOHN M. LUEBBERKE, City Attorney
State Bar No. 164893
TED DANIEL WOOD, Deputy City Attorney
State Bar No. 191768
425 N. El Dorado Street, Second Floor
Stockton, California 95202
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants
CITY OF STOCKTON; ROBIN HARRISON; PATRICK
MAYER; MICHAEL PEREZ; ERIC JONES
LORI RIFKIN, SBN 244081
RIFKIN LAW OFFICE
P.O. Box 19169
Oakland, CA 94169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff
NATHANIEL SMITH

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Nathaniel Smith,
Plaintiffs,

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vs.
City of Stockton; Officer Mayer, Officer
Robin Harrison, Officer Michael Perez,
and former Chief of Police Blair Ulring,
in their individual capacities; and Chief of
Police Eric Jones, in his official capacity,
Defendants.

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Case No. 2-15-CV-00363-GEB-AC
STIPULATION AND ORDER TO
PROTECT CONFIDENTIAL
INFORMATION

Judge: Hon. Garland E. Burrell, Jr.
Complaint Filed: February 12, 2015

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STIPULATION

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Plaintiff NATHANIEL SMITH and Defendants CITY OF STOCKTON, ROBIN

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HARRISON, PATRICK MAYER, MICHAEL PERERZ, and ERIC JONES (also hereinafter

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collectively referred to as “City Defendants”), by and through their undersigned counsel of
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STIPULATION AND ORDER TO PROTECT CONFIDENTIAL INFORMATION

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record, and subject to the approval of the court, stipulate to the following Protective Order as set

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forth below:

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1.

In connection with any discovery proceedings in this action, the parties may agree

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or the Court may direct that any document, thing, material, testimony or other information

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derived therefrom, be designated as “Confidential” under the terms of this Stipulated Protective

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Order (“Order”). Confidential information is information which has not been made public and is

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privileged and confidential and protected from public disclosure under applicable Federal or

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California State laws.

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2.

Confidential documents shall be so designated by stamping copies of the

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document produced to a party with the legend “CONFIDENTIAL.”

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“CONFIDENTIAL” on the cover of any multi-page document shall designate all pages of the

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document as confidential, unless otherwise indicated by the producing party.

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3.

Stamping the legend

Material designated as confidential under this Order, the information contained

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therein, and any summaries, copies, abstracts, or documents derived in whole or in part from

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material designated as confidential (“confidential material”) shall be used only for the purpose of

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the prosecution, defense, or settlement of this action (Nathaniel Smith v. City of Stockton, et al.,

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Case No. 2:15-00363-GEB-AC), and for no other purpose.

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4.

Confidential material produced pursuant to this Order may be disclosed or made

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available only to the court, to counsel for a party (including the paralegal, clerical, and secretarial

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staff employed by such counsel) and to the “qualified persons” designated below:

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a.

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Experts or consultants (together with their clerical staff) retained by such
counsel to assist in the prosecution, defense or settlement of this action;

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b.

Court reporters employed in this action;

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c.

A witness at any deposition or proceedings in this action; and

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d.

Any other person as to whom the parties in writing agree.

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Prior to receiving any confidential material, each “qualified person” shall be

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provided with a copy of this Order and shall execute a non-disclosure agreement in the form of

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Attachment A, a copy of which shall be maintained by the counsel who is providing the
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STIPULATION AND ORDER TO PROTECT CONFIDENTIAL INFORMATION

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materials.

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5.

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The portion of any deposition in which confidential materials are discussed shall

be taken only in the presence of qualified persons, as defined above.
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Nothing herein shall impose any restrictions on the use or disclosure by a party of

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material obtained by such party independent of discovery in this action, whether or not such

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material is also obtained through discovery in this action, or from disclosing its own confidential

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material as it deems appropriate. However, medical records of Plaintiff that Defendant(s) have

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obtained through lawful law enforcement activities independent of discovery in this case shall be

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deemed confidential material subject to the provisions of this Agreement.

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7.

Receipt by any party of any confidential information does not constitute, nor is it

to be construed to be, a waiver of any privilege or evidentiary objection, State or Federal.
8.

If confidential material, including any portion of a deposition transcript designated

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as confidential is included in any papers to be filed in court, such papers shall be labeled

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“CONFIDENTIAL-SUBJECT TO COURT ORDER” and filed under seal until further order of

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this court. Each envelope containing confidential material shall be endorsed with the title and

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case number of this action, and indication of the nature of said sealed envelope, a legend

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“CONFIDENTIAL-DESIGNATED BY COUNSEL,” and a statement substantially in the

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following form: “This envelope containing documents which are filed in this case is not to be

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opened, nor the contents thereof to be displayed or revealed except by order of the court.”

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Except, however, that any papers served on counsel for the parties need not include separate

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sealed envelopes for confidential materials.

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9.

This Order shall be without prejudice to the right of the parties 1) to bring before

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the court at any time the question of whether any particular document or information is

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confidential or whether its use shall be restricted; or 2) to present a motion to the court under

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Federal Rule of Civil Procedure 26(c) for a separate protective order as to any particular

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document or information, including restrictions different from those as specified herein. This

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Order shall not be deemed to prejudice the parties in any way in any future application for

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modification of this Order.
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STIPULATION AND ORDER TO PROTECT CONFIDENTIAL INFORMATION

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10.

Nothing in this Order nor the production of any information or document under

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the terms of this Order nor any proceedings pursuant to this Order, shall be deemed to have the

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effect of an admission or waiver of objections or privileges by either party or of altering the

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confidentiality or non-confidentiality of any such document or information or altering any

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existing right or obligation of any party or the absence thereof.

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11.

This Order shall survive the final termination of this action, to the extent that the

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information contained in confidential material is not or does not become known to the public and

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the court shall retain jurisdiction to resolve any dispute concerning the use of information

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disclosed hereunder. Within ninety (90) days of the dismissal or entry of final judgment in this

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action, whichever occurs first, each party shall return to the producing party all confidential

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materials and any and all copies thereof.
IT IS SO STIPULATED.

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Dated:

RIFKIN LAW OFFICE

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BY
/s/ Lori Rifkin
LORI RIFKIN

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Attorneys for Plaintiff
Nathaniel Smith

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Dated:

JOHN M. LUEBBERKE
CITY ATTORNEY

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BY
/s/ Ted Daniel Wood
TED DANIEL WOOD
Deputy City Attorney

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Attorneys for Defendants
CITY OF STOCKTON, et al.

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ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: August 10, 2015

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STIPULATION AND ORDER TO PROTECT CONFIDENTIAL INFORMATION

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ATTACHMENT A

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NON-DISCLOSURE AGREEMENT

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I,

, do solemnly swear that I am fully familiar with the terms

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of the Stipulated Protective Order entered in Nathaniel Smith v. City of Stockton, et al., United

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States District Court for the Eastern District of California, Civil Action Case No. 2:15-CV-

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00363-GEB-AC, and hereby agree to comply with and be bound by the terms and conditions of

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said Order, unless and until modified by further Order of this Court. I hereby consent to the

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jurisdiction of said Court for purposes of enforcing this Order.

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Dated:

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STIPULATION AND ORDER TO PROTECT CONFIDENTIAL INFORMATION