The Estate of Christopher Joel Nunez et al v. Amador County

Filing 19

STIPULATED PROTECTIVE ORDER signed by District Judge John A. Mendez on 4/28/2017. (Michel, G.)

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LONGYEAR, O’DEA & LAVRA, LLP

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VAN LONGYEAR, CSB NO. 84189
PETER Z. ZILAFF, CSB NO. 272658
NICOLE M. CAHILL, CSB NO. 287165
3620 American River Drive, Suite 230
Sacramento, California 95864-5923
Tel: [phone] Fax: [phone]

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Attorneys for Defendant, AMADOR COUNTY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE ESTATE OF CHRISTOPHER JOEL
NUNEZ; DONNA HOLLOMAN, an
individual,

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Case No. 2:15-cv-01249 JAM CKD
Action Filed: 06/10/15

Plaintiffs,
STIPULATED PROTECTIVE ORDER

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v.

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AMADOR COUNTY, a municipal
corporation, and DOES 1-50, inclusively,
and individually,

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Defendants.

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The Parties in the above-entitled matter seek to facilitate the exchange of information and

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documents that may be subject to confidentiality limitations on disclosure due to federal laws,

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state laws, and/or constitutional privacy rights. The Parties in good faith believe that the

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following documents contain information that is (a) confidential, sensitive, or potentially

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invasive of an individual’s privacy interests; and/or (b) not normally revealed to the public or

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

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information in confidence.

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The Parties take the position that these documents are Confidential:

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1.

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Personnel records for deputies/sworn peace officers and/or employees of Amador

County, including but not limited to documents concerning, relating or referring to: background

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Stipulated Protective Order
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investigations, hiring, appointment, termination, job performance and evaluations, awards,

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commendations, and recognition of all professional accomplishments, training, internal affairs

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investigative files, citizen complaints, charges of misconduct, resulting discipline or retraining.

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2.

Medical files and records of decedent Christopher Joel Nunez and plaintiff Donna

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Holloman, including but not limited to mental health information and evaluations, medical

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information and examinations, prescription and medication information, etc.

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3.

Decedent Christopher Joel Nunez’s juvenile records.

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Decedent Christopher Joel Nunez’s files and records from the Social Security

Administration.
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Those portions of documents produced by defendant Amador County containing

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identifying information (such as names and XREF numbers) regarding inmates other than
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decedent Christopher Joel Nunez, including but not limited to logbooks, incident reports, and
other jail records.
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Any photographs, video images or any depiction of Amador County Jail.

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Any other documents, including but not limited to medical, psychological, and

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psychiatric records of any other individuals, provided that this court has ordered such records are

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Confidential.

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IT IS HEREBY STIPULATED by, among and between the Parties through their counsels

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of record that the documents described herein may be designated as “Confidential” and produced

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subject to the following Stipulated Protective Order:

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1.

The disclosed documents shall be used solely in connection with the civil case

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The Estate of Christopher Joel Nunez, Donna Holloman vs. Amador County, et al., Case No.:

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2:15-cv-01249 JAM CKD (USDC EDCA) and in the preparation and trial of the cases, or any

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related proceeding. The Parties do not waive any objections to the admissibility of the

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documents or portions thereof in future proceedings in this case, including trial.
2.

A party producing the documents and materials described herein shall designate

those materials as confidential by affixing a mark labelling them “Confidential” provided that
such marking does not obscure or obliterate the content of any record. If any confidential

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materials cannot be labeled with this marking, those materials shall be placed in a sealed

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envelope or other container that is in turn marked “Confidential” in a manner agreed upon by the

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disclosing and requesting parties. Documents may also bear a mark labelling them “Redacted” to

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protect third party privacy rights and information not subject to disclosure.
3.

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“Confidential” may only be disclosed to the following persons:
(a)

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Documents or materials designated under this Stipulated Protective Order as

John L. Burris, Ben Nisenbaum, James Cook of Law Offices of John L.

Burris and associate attorneys in their office, as counsel for Plaintiff in the case enumerated
above;
(b)

Van Longyear, Peter Zilaff, and Nicole Cahill of LONGYEAR, O’DEA &

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LAVRA, LLP and associate attorneys in their office, as counsel for Defendant Amador County,
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in the case enumerated above.

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(c)

Paralegal, clerical, and secretarial personnel regularly employed by

counsel referred to in subparts (a)-(b) immediately above, including stenographic deposition
reports or videographers retained in connection with this action;

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(d)

Court personnel, including stenographic reporters or videographers

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engaged in proceedings as are necessarily incidental to the preparation for the trial in the civil

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action;

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(e)

(f)

limine motions and objections of counsel;
(g)

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Witnesses during their depositions in this action which shall not be

disclosed to witnesses during their depositions unless said deposition is of the author of such
documents, one of the parties, or an expert retained by one of the parties; and,
(h)

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The finder of facts at the time of trial, subject to the court’s rulings on in

action;

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Any expert, consultant, or investigator retained in connection with this

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The parties in this action.

Prior to the disclosure of any Confidential information to any person, each such

recipient of Confidential information shall be advised of the contents of this Stipulated
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Protective Order and will be subject to the Order.
Provisions of this Stipulated Protective Order, insofar as they restrict disclosure and use
of the material, shall be in effect until further order of this Court.

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Nothing in this Stipulated Protective Order shall be construed as a limitation on a party’s

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ability to show the documents or materials that it has designated as “Confidential” and produced

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in this action to whomever the party may deem appropriate. Nothing in this Stipulated Protective

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Order shall be construed to limit a party’s use of information already in its possession prior to
the litigation, provided that use complies with all other legal requirements.
5.

As to all documents or materials designated as “Confidential” pursuant to this

Stipulated Protective Order, the Parties agree that they will seek permission from the Court to
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file the Confidential information under seal according to Local Rule 141. If permission is
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granted, the Confidential material will be filed and served in accordance with Local Rule 141.
All Parties agree to accept service of all documents filed pursuant to Local Rule 141 by
electronic means.
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Notice to those third party inmates whose healthcare records are produced and

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disclosed herein by defendants having been determined as unnecessary by the Court after

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hearing on noticed motion, no notice need be given to any third party inmate whose healthcare

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information is contained in documents which are subject to this Protective Order.

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7.

The designation of documents or information as “Confidential” and the

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subsequent production thereof is without prejudice to the right of any party to oppose the

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admissibility of the designated document or information.

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8.

A party may apply to the Court for an order that information or materials labeled

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“Confidential” are not, in fact, confidential. Prior to applying to the Court for such an order, the

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party seeking to reclassify confidential information shall meet and confer with the producing

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party. Until the matter is resolved by the Parties or the Court, the information in question shall
continue to be treated according to its designation under the terms of this Stipulated Protective
Order. The producing party shall have the burden of establishing the propriety of the
“Confidential” designation. A party shall not be obligated to challenge the propriety of a

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Stipulated Protective Order
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confidentiality designation at the time made and a failure to do so shall not preclude a

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subsequent challenge thereto.

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9.

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The following procedures shall be utilized by the Parties in production of documents and

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materials designated as “Confidential”:
(a)

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All Counsel for Parties other than the party producing the confidential

material shall receive one copy of the confidential material at no charge.
(b)

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Copies of Confidential Documents

Counsel for Parties other than the party producing the confidential

material may make copies for internal use but shall not copy, duplicate, furnish, disclose, or
otherwise divulge any information contained in the confidential documents to any source, except

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those persons identified in Paragraph 3 herein, without further order of the Court or authorization
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from counsel for the party producing the confidential material.
10.

If any document or information designated as “Confidential” pursuant to this

Stipulated Protective Order is used or disclosed during the course of a deposition, that portion of
the deposition record reflecting such material shall be stamped with the appropriate designation

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and access shall be limited pursuant to the terms of this Stipulated Protective Order. The court

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reporter for the deposition shall mark the deposition transcript cover page and all appropriate

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pages or exhibits and each copy thereof, in accordance with Paragraph 5 of this Stipulated

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Protective Order. Only individuals who are authorized by this Stipulated Protective Order to see

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or receive such material may be present during the discussion or disclosure of such material. The

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Parties shall work together to ensure that this process regarding the use of confidential

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information at depositions is followed.

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11.

Notwithstanding the provisions of Paragraph 3, confidential information produced

pursuant to this Stipulated Protective Order may not be delivered, exhibited or otherwise
disclosed to any reporter, writer or employee of any trade publication, newspaper, magazine or
other media organization, including but not limited to internet, radio and television media.
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Should any information designated confidential be disclosed, through

inadvertence or otherwise, to any person not authorized to receive it under this Stipulated
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Protective Order, the disclosing person(s) shall promptly (a) inform counsel for the party that

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produced the confidential material of the recipient(s) and the circumstances of the unauthorized

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disclosure and (b) use best efforts to bind the recipient(s) to the terms of this Stipulated

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Protective Order.

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13.

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No information shall lose its confidential status because it was inadvertently or

unintentionally disclosed to a person not authorized to receive it under this Stipulated Protective
Order. In addition, any information that is designated confidential does not lose its confidential
status due to any inadvertent or unintentional disclosure. In the event that a party makes any such
inadvertent disclosure, the documents which are confidential will be identified accordingly,
marked in accordance with Paragraph 2 above, and a copy of the Confidential marked documents

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provided to the other parties to this action. Upon receipt of the Confidential-marked documents,
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the receiving parties will return the unmarked version of the documents to counsel for the party
that produced the confidential material within fourteen (14) days.
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After the conclusion of this litigation, all documents and materials, in whatever

form stored or reproduced containing confidential information will remain confidential. All

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documents and materials produced to counsel for the other parties pursuant to this Stipulated

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Protective Order shall be returned to counsel for the party that produced the confidential material

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in a manner by which counsel will be able to reasonably verify that all documents were returned.

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All Parties agree to ensure that all persons to whom confidential documents or materials were

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disclosed shall be returned to counsel for the party that produced the confidential material.

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“Conclusion” of this litigation means a termination of the case following any final appeal or the

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expiration of the time to file a final appeal or settlement of all claims.

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15.

No later than thirty (30) days after conclusion of the litigation, all persons having

received the confidential documents shall return said documents to counsel for the party that
produced the confidential material or a confirmation in writing that all such documents and/or
information have been destroyed.
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This Stipulated Protective Order shall remain in full force and effect and shall

continue to be binding on all parties and affected persons until this litigation terminates, subject
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to any subsequent modifications of this Stipulated Protective Order for good cause shown by this

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Court or any Court having jurisdiction over an appeal of this action. Upon termination of this

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litigation, the Parties agree the Stipulated Protective Order shall continue in force as a private

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agreement between the Parties.

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17.

During the pendency of this lawsuit, the Court shall (a) make such amendments,

modifications and additions to this Stipulated Protective Order as it may deem appropriate upon
good cause shown; and, (b) adjudicate any dispute arising under it.
Respectfully submitted,
Dated: April 28, 2017

LAW OFFICES OF JOHN L. BURRIS
By: /S/: Ben Nisenbaum _____________
John L. Burris
Ben Nisenbaum
James Cook
Attorneys for Plaintiffs

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Dated: April 28, 2017

LONGYEAR O’DEA & LAVRA
By: /S/: Peter Zilaff _______________
Van Longyear
Peter Zilaff
Nicole Cahill
Attorneys for Defendants
AMADOR COUNTY

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Attestation Regarding Signatures

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I, Peter C. Zilaff, hereby attest that all other signatories listed, and on whose behalf the
filing is submitted, concur in the filing’s content and have authorized the filing.
Dated: April 28, 2017

By: /S/: Peter Zilaff _______________
Peter Zilaff

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ORDER
PURSUANT TO THE STIPULATION AND GOOD CAUSE APPEARING, IT IS SO

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ORDERED.

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Dated: 4/28/2017

/s/ John A. Mendez____________

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The Honorable John A. Mendez
United States District Court Judge

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