Gasca v. County of Sacramento

Filing 14

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/07/16. (Benson, A)

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LONGYEAR, O’DEA & LAVRA, LLP
John A. Lavra, CSB No.: 114533
Kelley S. Kern, CSB No.: 221265
3620 American River Drive, Suite 230
Sacramento, CA 95864
Phone: [phone]
Facsimile: 916-974-8510
Attorneys for Defendant COUNTY OF SACRAMENTO and
DEPUTY BURNETTE
LAW OFFICE OF BROWN & GESSELL
Douglas A. Gessell, SBN: 210112
Steven L. Brown, SBN: 166278
2155 W. March Lane, Suite 1D
Stockton, CA 95207
Phone: [phone]
Facsimile: 209-466-5480
Attorneys for Plaintiff MARTIN GASCA

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

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MARTIN GASCA, an individual

) Case No.: 2:15-cv-01109-WBS-CKD
)
Plaintiff,
) STIPULATION FOR PROTECTIVE
) ORDER AND PROTECTIVE ORDER
vs.
)
)
COUNTY OF SACRAMENTO, a municipal )
corporation; DOE OFFICER 1 and DOES 2- )
25,
)
)
Defendants.
)

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Subject to the approval of this Court, the parties hereby stipulate to the following
protective order:
1.

In connection with discovery proceedings in this action, the parties hereby designate

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documents as “confidential” under the terms of this Stipulation for Protective Order

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(hereinafter “Order”). The documents protected pursuant to this Order have not been

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made public and the disclosure of said documents would have the effect of causing harm.

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2.

The documents eligible for protection under this order specifically include:

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Stipulation For Protective Order and [Proposed] Protective Order
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A.

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An individual defendant’s personnel file and/or other writings pertaining to a

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Defendants employment as a peace officer generally protected from public

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disclosure pursuant to state law and federal evidentiary privilege. Production of

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such documents would violate an individual’s or third party’s right to privacy.

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3.

By designating documents as “confidential” under the terms of this Order, the party

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making the designation is certifying to the Court that there is a good faith basis both in

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law and in fact for the designation within the meaning of Federal Rule of Civil Procedure

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26(g).

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4.

Documents produced by a party shall be designated by the party as “confidential” by

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bates stamping copies of the document with the word “CONFIDENTIAL”. The

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producing party shall also watermark and/or affix legends to such documents using the

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words “CONFIDENTIAL - SUBJECT TO COURT ORDER.”

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5.

Documents designated as “confidential” under this Order (hereinafter, “Confidential

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Material”), the information contained therein, and any summaries, copies, abstracts, or

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other documents derived in whole or in part from material designated as confidential

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shall be used only for the purpose of this action, and for no other purpose.

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6.

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

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

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employed by such counsel and independent office services vendors hired by such

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counsel). Confidential Material may be provided to any expert retained for consultation

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and/or trial. In the event that Confidential Material is given to an expert, counsel that

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retained the expert shall provide a copy of this Order with the Confidential Material.

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7.

The Confidential Material produced pursuant to this Order will be redacted with respect

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to (i) social security numbers; (ii) dates of birth; (iii) financial information (including

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financial account numbers); and (iv) in all circumstances when federal law requires

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redaction. Each redaction must be identified by showing what information has been

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redacted (e.g., “social security number,” etc.) This provision complies with Eastern

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District Local Rule 140.
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8.

If a party would like to use Confidential Material in Court filings, at least seven (7) days

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notice shall be given to all parties. All parties shall comply with the requirements of

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Eastern District Local Rule 141, in the event that a party would like Confidential Material

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to be sealed.

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9.

Nothing in this Order shall in any way limit or prevent Confidential Material from being

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used in any deposition or other proceeding in this action. In the event that any

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Confidential Material is used in any deposition or other proceeding in this action, it shall

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not lose its confidential status through such use.

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10. This Order is entered for the purpose of facilitating the exchange of documents between

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the parties to this action without involving the Court unnecessarily in the process.

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Nothing in this Order, or the production of any document under the terms of this Order,

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shall be deemed to have the effect of an admission or waiver by either party or of altering

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the confidentiality or non-confidentiality of any such document.

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11. Nothing in this Order shall in and of itself require disclosure of information that is

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protected by the attorney-client privilege, work-product doctrine, or any other privilege,

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doctrine, or immunity, nor does anything in this Order, result in any party giving up its

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right to argue that otherwise privileged documents must be produced due to waiver or for

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any other reason.

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12. If Confidential Material produced in accordance with this Order is disclosed to any

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person other than in the manner authorized by this Order, the party responsible for the

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disclosure shall immediately bring all pertinent facts relating to such disclosure to the

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attention of all counsel of record and, without prejudice to other rights and remedies

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available to the producing party, make every effort to obtain the return of the disclosed

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Confidential Material and prevent further disclosure of it by the person who was the

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recipient of such information.

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

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Confidential Material is not or does not become known to the public, and the Court shall

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retain jurisdiction to resolve any dispute concerning the use of the information disclosed
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hereunder. Counsel for the parties shall destroy or return all Confidential Material in

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their possession, custody, or control, and provide proof of destruction or return within

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forty-five (45) days of final termination of this action, which shall be deemed to occur

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only when final judgment has been entered and all appeals have been exhausted.

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IT IS SO STIPULATED.

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Dated: March 2, 2016

LONGYEAR, O’DEA & LAVRA, LLP

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By: /s/ Kelley S. Kern
JOHN A. LAVRA
KELLEY S. KERN
Attorneys for Defendant

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Dated: March 2, 2016

LAW OFFICE OF BROWN & GESSELL

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By: /s/ Douglas A. Gessell
DOUGLAS A. GESSELL
STEVEN L. BROWN
Attorneys for Plaintiff

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ORDER

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IT IS SO ORDERED:

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Dated:

March 7, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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