Santana et al v. County of Yuba et al

Filing 75

STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 7/11/2017. (Washington, S)

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A PROFESSIONAL CORPORATION
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Carl L. Fessenden, SBN 161494
Ashley S. Wisniewski, SBN 264601

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

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Attorneys for Defendants
COUNTY OF YUBA, PATRICK MCGRATH,
MELANIE BENDORF, JOHN VACEK, MARY BARR, and GENE STOBER

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Jaime A. Leaños, SBN 159471
LAW OFFICE OF MORALES & LEAÑOS
75 East Santa Clara Street, Suite 250
San Jose, CA 95113

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TEL: [phone]
FAX: [phone]

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Attorneys for Plaintiffs
JESSE I. SANTANA and DAVID VASQUEZ

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Jason J. Sommer, SBN 178316
Wendy A. Green, SBN 192584

HANSEN, KOHLS, JONES, SOMMER & JACOB
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1520 Eureka Road, Suite 100
Roseville, CA 95661
TEL: [phone]
FAX: [phone]

Attorneys for Defendant
TIMOTHY EVANS
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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Case No. 2:15-cv-00794-KJM-EFB

JESSE I. SANTANA AND DAVID VASQUEZ,
Plaintiff,

[PROPOSED] STIPULATED
PROTECTIVE ORDER

v.

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Complaint Filed: 04/13/2015
1st Amended Complaint filed: 04/22/2015
2nd Amended Complaint filed: 09/09/2016

THE COUNTY OF YUBA, et al.,
Defendants.
________________________________________/

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{01687947.DOCX}

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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1.

PURPOSE AND LIMITATIONS

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Plaintiffs have requested that the County of Yuba provide a copy of the District Attorney’s file

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regarding Joe Griesa. That file contains confidential or private information for which special protection

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from public disclosure and from use for any purpose other than prosecuting this litigation may be

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warranted.

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

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

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on all disclosures or responses to discovery and that the protection it affords from public disclosure and

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use extends only to the limited information or items that are entitled to confidential treatment under Fed.

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R. Civ. P. 26(c).

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Specifically, parties in this action, in good faith, believe that certain documents contained in the

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Joe Griesa criminal file contain information that is (a) confidential, sensitive, or potentially invasive of a

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minor’s privacy interests; (b) not generally known; and (c) not normally revealed to the public or third

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parties or, if disclosed to third parties, would require such third parties to maintain the information in

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confidence.

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In light of the sensitive nature of the documents potentially to be disclosed and the strong

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presumption against disclosure of such information pursuant to 18 U.S. Code § 3509 (d) and all other

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applicable federal and state privacy laws, the parties hereby request that any such disclosure be governed

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by a court-ordered protective order.

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The parties believe a court order, not a private agreement, properly facilitates the limited

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disclosure of such documents while protecting them from general disclosure. While this order seeks to

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protect information specific to the underlying criminal cases of Plaintiffs and the identity of third-party

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victims, the sheer volume of documentation related to these cases makes a protective order necessary to

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protect these interests.

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The parties further acknowledge that this Stipulated Protective Order does not entitle them to file

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confidential information under seal; E.D. Cal. L.R. 141 sets forth the procedures that must be followed

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and the standards that will be applied when a party seeks permission from the Court to file material under

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seal.
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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2.

DEFINITIONS

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2.1

Challenging Party: a Party to this litigation that challenges the designation of

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information or items under this Order.
2.2

Designating Party: a Party to this litigation that designates information or items that it

produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.3

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

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

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as a consultant in this action.

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2.4

Party: any Party to this litigation, including its officers, directors, employees, consultants,

retained experts, and Counsel of Record (and their support staff).
2.5

Professional Vendors: persons or entities that provide litigation support services (e.g.,

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photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or

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retrieving data in any form or medium) and their employees and subcontractors.

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2.6

Receiving Party: a Party to this litigation that receives Disclosure Material or Discovery

Material from a Producing Party.

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3.

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The protections conferred by this Stipulated Protective Order cover the Joe Griesa criminal file,

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which is Bates-numbered YUBA SANTANA 000001-009935, including: (1) any information copied or

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extracted from those materials; (2) copies, excerpts, summaries, or compilations of those materials; and

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(3) any testimony, conversations, or presentations by a Party or their Counsel that might reveal protected

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information regarding those materials.

SCOPE

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The protections conferred by this Stipulated Protective Order do not cover the following

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information: (a) any information that is in the public domain at the time of disclosure to a Receiving

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Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of

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publication not involving a violation of this Order, including becoming part of the public record through

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trial or otherwise; or (b) any information known to the Receiving Party prior to the disclosure or obtained

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by the Receiving Party after the disclosure from a source who obtained the information lawfully and

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under no obligation of confidentiality to the Designating Party.
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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4.

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The confidentiality obligations imposed by this Stipulated Protective Order shall remain in effect

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until a Designating Party agrees otherwise in writing or a Court order otherwise directs. Final disposition

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shall be deemed to be the later of (a) dismissal of all claims and defenses in this action, with or without

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prejudice; or (2) final judgment herein after the completion and exhaustion of all appeals, rehearings,

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remands, trials, or reviews of this action, including the time limits for filing any motions or applications

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for extension of time pursuant to applicable law.

DURATION

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5.

DESIGNATING PROTECTED MATERIAL

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5.1

Designating Party: The County of Yuba has conditionally produced records regarding

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the Joe Griesa criminal prosecution. In those records, certain information has been redacted. The

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County of Yuba designated those documents as confidential. Further, any party, including the County of

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Yuba, may designate any other portion of the Joe Griesa criminal file as confidential, as set forth herein.

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A party may only designate as “CONFIDENTIAL” Information or Items which it has determined

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in good faith to be sufficient to justify the Court’s entry of a protective order pursuant to Fed. R. Civ. P.

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26(c) and E.D. Cal. L.R. 141.1.

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5.2

Manner and Timing of Designations: The County of Yuba has redacted certain portions

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of the Joe Griesa criminal file. As to those records, it claims confidentiality under the Stipulated

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Protective Order. Any other portion of the file designated as confidential must be done within 30 days of

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entry of this Order.

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Designation in conformity with this Order requires:

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(a)

for information in documentary form (e.g., paper or electronic documents, but excluding

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transcripts of depositions or other pre-trial or trial proceedings), affix the legend “CONFIDENTIAL” to

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each page that contains Protected Material, or identifies by Bates number the page claimed to be

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confidential.

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(b)

for testimony given in deposition or in other pretrial or trial proceedings, that the Party

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identify on the record, before the close of the deposition, hearing, or other proceeding all protected

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testimony.

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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(c)

for information produced in some form other than documentary and for any other tangible

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items, that the Party affix in a prominent place on the exterior of the container or containers in which the

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information or item is stored the legend “CONFIDENTIAL.” If only a portion or portions of the

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information or item warrant protection, the Producing Party shall identify the protected portion(s).

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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6.1

Timing of Challenges: Any Party may challenge a designation of confidentiality at any

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time. Unless a prompt challenge to a Designating Party’s confidentiality designation is necessary to avoid

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foreseeable, substantial unfairness, unnecessary economic burdens, or a significant disruption or delay of

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

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mount a challenge promptly after the original designation is disclosed.
6.2

Timing of Motion for Protective Order: Within seven calendar days of a Challenging

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Party’s challenge to the Producing Party’s designation, the Producing Party must move for a protective

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order pursuant to E.D. Cal. L.R. 251, if it seeks to maintain the Protected Material’s designation as

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“CONFIDENTIAL” and subject to this Stipulated Protective Order. If the Producing Party fails to move

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for a protective order within the specific seven calendar days, the Producing Party automatically waives

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each challenged Protected Material’s designation as “CONFIDENTIAL” and subject to this Stipulated

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Protective Order.

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6.3

Judicial Intervention: If the Parties cannot resolve a challenge without Court intervention,

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the Producing Party’s motion for protective order must be accompanied by a competent declaration

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affirming that the movant has complied with this Stipulated Protective Order. Nothing in Stipulated

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Protective Order precludes a Challenging Party from filing a separate or parallel motion challenging a

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confidentiality designation at any time, if there is good cause for doing so.

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Nothing in this Stipulated Protective Order changes or modifies the Designating Party’s burden of

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persuasion or substantive or procedural obligation in any such confidentiality challenge proceeding,

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pursuant to Fed. R. Civ. P. 26(c) and E.D. Cal. L.R. 141.1. Unless the Designating Party has waived the

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confidentiality designation by failing to file a motion for protective order, as described above, all parties

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shall continue to afford the material in question the level of protection to which it is entitled under the

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Producing Party’s designation until the Court rules on the challenge.
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1

Basic Principles:

The Parties may use the Joe Griesa criminal file that is disclosed or

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produced in connection with this case only for prosecuting, defending, or attempting to settle this

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litigation. Such material may be disclosed only to the categories of persons and under the conditions

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described in this Stipulated Protective Order.

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

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authorized under this Stipulated Protective Order.

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7.2

Such material must be stored and maintained by a

Disclosure of “CONFIDENTIAL” Information or Items: Unless otherwise ordered by the

Court or permitted in writing by the Designating Party, a Receiving Party may disclose any information
or item designated “CONFIDENTIAL” only to:

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(a)

the Receiving Party’s Counsel of Record in this action;

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(b)

the officers, directors, and employees/staff of the Receiving Party;

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(c)

Experts of the Receiving Party;

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(d)

the Court and its personnel;

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(e)

Court reporters and their employees/staff, professional jury or trial consultants, mock

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jurors, and Professional Vendors;
(f)

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Designating Party or ordered by the Court; and
(g)

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witnesses in the action, during their deposition, unless otherwise agreed by the

the author or recipient of a document containing the information or a custodian or other
person who otherwise possessed or knew the information.

IT IS SO STIPULATED.

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Dated: July 11, 2017

Respectfully Submitted,

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By:

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{01687947.DOCX}

/s/Carl L. Fessenden
Carl L. Fessenden
Ashley S. Wisniewski
Attorneys for Defendants
COUNTY
OF
YUBA,
PATRICK
MCGRATH, MELANIE BENDORF, JOHN
VACEK, MARY BARR, and GENE
STOBER

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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Dated: July 11, 2017

Respectfully Submitted,

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By: /s/Jaime A. Leaños (authorized 06/30/2017)
Jaime A. Leaños, Esq.
LAW OFFICE OF MORALES & LEAÑOS
75 East Santa Clara Street, Suite 250
San Jose, California 95113
Attorneys for Plaintiffs
JESSE I. SANTANA and DAVID VASQUEZ

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Dated: July 11, 2017

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Respectfully Submitted,
By:

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/s/Wendy A. Green (authorized 06/29/2017)
Jason J. Sommer
Wendy A. Green
HANSEN, KOHLS, JONES,
SOMMER & JACOB
Attorneys for Defendant TIMOTHY EVANS

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IT IS SO ORDERED.

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Dated: July 11, 2017.

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[PROPOSED] STIPULATED PROTECTIVE ORDER