John et al v. County of Sutter et al

Filing 13

STIPULATED PROTECTIVE ORDER signed by District Judge Morrison C. England, Jr on 7/20/17. (Kaminski, H)

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PORTER | SCOTT

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

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A PROFESSIONAL CORPORATION
Carl L. Fessenden, SBN 161494
Derek J. Haynes, SBN 264621
Drew M. Tate, SBN 312219
350 University Ave., Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]

Attorneys for Defendants
COUNTY OF SUTTER, SUSAN REDFORD, and TONY HOBSON
Ben J. Galante, SBN 231394
GALANTE LAW INC.
2181 E. Foothill Blvd., Suite 101
Pasadena, CA 91107
Attorneys for Plaintiffs
MARTIN JOHN and WILLIAM MYERS
Rahul Sethi, SBN 238405
SETHI LAW FIRM
811 Wilshire Blvd., Suite 1050
Los Angeles, CA 90017
Attorneys for Plaintiffs
MARTIN JOHN and WILLIAM MYERS

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARTIN JOHN and WILLIAM MYERS,

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CASE NO. 2:16-cv-02241-MCE-AC

Plaintiffs,

STIPULATED PROTECTIVE ORDER

vs.
COUNTY OF SUTTER, SUSAN REDFORD,
TONY HOBSON, and DOES 1 through 20,
Inclusive,

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Amended Complaint Filed: 10/20/2016
Complaint Filed: 09/21/2016

Defendants.
/

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL, PROPRIETARY, AND PRIVATE
INFORMATION

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1.

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Defendants have requested that Plaintiffs MARTIN JOHN and WILLIAM MYERS

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(collectively “Plaintiffs”) sign authorizations permitting the release of their psychiatric records to

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defense counsel. Those records contain confidential and private information for which special

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protection from public disclosure and from use for any purpose other than prosecuting this

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litigation may be warranted.

PURPOSE AND LIMITATIONS

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

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

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public disclosure and use extends only to the limited information or items that are entitled to

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PORTER | SCOTT

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

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

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confidential treatment under Fed. R. Civ. P. 26(c).

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Specifically, the parties in this action, in good faith, believe that Plaintiffs’ psychiatric

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records contain information that is (a) confidential, sensitive, or potentially invasive of their

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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

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in 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 the applicable federal and state

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privacy laws, the parties hereby request that any such disclosure be governed by a court-ordered

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

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limited disclosure of such documents while protecting them from general disclosure.

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

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

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be followed and the standards that will be applied when a party seeks permission from the Court to

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file material under seal.

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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.
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2.2

“CONFIDENTIAL”

Information

or

“CONFIDENTIAL”

Item:

Plaintiff’s

psychiatric records which qualify for protection under Fed. R. Civ. P. 26(c).
2.3

Counsel (without qualifier): Outside Counsel of Record and House Counsel (as

well as their support staff).
2.4

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

it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.5

Disclosure Material or Discovery Material: any item or information that is

produced or generated in disclosures or responses to discovery in this matter.
2.6

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

PORTER | SCOTT

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

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

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witness or as a consultant in this action.

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2.7

House Counsel: attorneys who are employees of a party to this action. House

Counsel does not include Outside Counsel of Record or any other outside counsel.
2.8

Non-Party: any natural person, partnership, corporation, association, or other legal

entity not named as a Party to this action.
2.9

Outside Counsel of Record: attorneys who are not employees of a party to this

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action but are retained to represent or advise a party to this action and have appeared in this action

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on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.

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2.10

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

consultants, retained experts, and Counsel of Record (and their support staff).
2.11

Producing Party: a Party to this litigation that produces Disclosure Material or

Discovery Material in this action.
2.12

Professional Vendors: persons or entities that provide litigation support services

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

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

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subcontractors.

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2.13

Protected Material: any Disclosure Material or Discovery Material that is

designated as “CONFIDENTIAL” by a Producing Party.
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Discovery Material.

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

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The protections conferred by this Stipulated Protective Order cover not only Plaintiffs’

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psychiatric records, but also (1) any information copied or extracted from those materials; (2)

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copies, excerpts, summaries, or compilations of those materials; and (3) any testimony,

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conversations, or presentations by a Party or their Counsel that might reveal protected information

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regarding those materials.

SCOPE

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

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PORTER | SCOTT

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

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

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

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

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record through trial or otherwise; or (b) any information known to the Receiving Party prior to the

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disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the

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information lawfully and under no obligation of confidentiality to the Designating Party. Any use

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of Protected Material at trial shall be governed by a separate agreement or order.

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4.

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

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

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Final disposition shall be deemed to be the later of (a) dismissal of all claims and defenses in this

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action, with or without prejudice; or (2) final judgment herein after the completion and exhaustion

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of all appeals, re-hearings, remands, trials, or reviews of this action, including the time limits for

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filing any motions or applications for extension of time pursuant to applicable law.

DURATION

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5.

DESIGNATING PROTECTED MATERIAL

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5.1

Exercise of Restraint and Care in Designating Material for Protection: Each Party

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that designates information or items for protection under this Stipulated Protective Order must

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take care to limit any such designation to specific material that qualify under Fed. R. Civ. P. 26(c).

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The Designating Party must designate for protection only those parts of material, documents,
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items, or oral or written communications that qualify so that other portions of the material,

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documents, items, or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Stipulated Protective Order.

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

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determined in good faith to be sufficient to justify the Court’s entry of a protective order pursuant

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to Fed. R. Civ. P. 26(c) and E.D. Cal. L.R. 141.1.

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

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shown to be without substantial justification or that have been made for an improper purpose (e.g.,

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to impose unnecessary expenses and burdens on other parties) shall subject the Designating Party

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to sanctions.

PORTER | SCOTT

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

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If it comes to a Designating Party’s attention that information or items that it designated

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for protection do not qualify for protection, that Designating Party must promptly notify all other

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Parties that it is withdrawing the mistaken designation.

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5.2

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

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Stipulated Protective Order, or as otherwise stipulated or ordered, Disclosure Material or

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Discovery Material that qualifies for protection under this Stipulated Protective Order must be

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clearly designated before the material is disclosed or produced. In the absence of substantial

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unfairness, economic burden, or a significant disruption or delay of the litigation, a Party does not

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waive its right to designate material as “CONFIDENTIAL” by not doing so before disclosure or

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production upon a showing of reasonable cause.

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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

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excluding transcripts of depositions or other pre-trial or trial proceedings), that the Producing

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Party affix the legend “CONFIDENTIAL” to each page that contains Protected Material. If only a

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

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

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

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for protection until after the inspecting Party has indicated which material it would like copied and
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produced. During the inspection and before the designation, all of the material made available for

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inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the

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documents it wants copied and produced, the Producing Party must determine which documents,

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or portions thereof, qualify for protection under this Stipulated Protective Order. Then, before

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producing the specified documents, the Producing Party must affix the “CONFIDENTIAL”

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legend to each page that contains Protected Material. If only a portion or portions of the material

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on a page qualifies for protection, the Producing Party also must clearly identify the protected

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portion(s) (e.g., by making appropriate markings in the margins).

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(b)

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

PORTER | SCOTT

Designating Party identify on the record, before the close of the deposition, hearing, or other

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

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proceeding all protected testimony.

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(c)

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

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

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or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a

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portion or portions of the information or item warrant protection, the Producing Party shall

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identify the protected portion(s).

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5.3

Non-Designation: A Party’s non-designation of any information or item implies

that it is not Protected Material.

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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

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

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necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a

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significant disruption or delay of the litigation, a Party does not waive its right to challenge a

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confidentiality designation by electing not to mount a challenge promptly after the original

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designation is disclosed.

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6.2

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

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Challenging Party’s challenge to the Producing Party’s designation, the Producing Party must

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move for a protective order pursuant to E.D. Cal. L.R. 251, if it seeks to maintain the Protected
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Material’s designation as “CONFIDENTIAL” and subject to this Stipulated Protective Order. If

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the Producing Party fails to move for a protective order within the specific seven calendar days,

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the Producing Party automatically waives each challenged Protected Material’s designation as

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“CONFIDENTIAL” and subject to this Stipulated Protective Order.

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6.3

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

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intervention, the Producing Party’s motion for protective order must be accompanied by a

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competent declaration affirming that the movant has complied with this Stipulated Protective

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Order. Nothing in Stipulated Protective Order precludes a Challenging Party from filing a separate

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or parallel motion challenging a confidentiality designation at any time, if there is good cause for

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doing so.

PORTER | SCOTT

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

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

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burden of persuasion or substantive or procedural obligation in any such confidentiality challenge

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

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Party has waived the confidentiality designation by failing to file a motion for protective order, as

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described above, all parties shall continue to afford the material in question the level of protection

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to which it is entitled under the Producing Party’s designation until the Court rules on the

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challenge.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1

Basic Principles: A Receiving Party may use Protected Material 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

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conditions described in this Stipulated Protective Order.

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

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limited to the persons authorized under this Stipulated Protective Order.

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7.2

Such material must be stored and

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

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by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any

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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,

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mock jurors, and Professional Vendors;
(f)

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

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PORTER | SCOTT

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

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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:
Dated: July 20, 2017

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By:

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Carl L. Fessenden
Derek J. Haynes
Drew M. Tate
Attorneys for Defendants,
COUNTY OF SUTTER, SUSAN REDFORD,
and TONY HOBSON

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Dated: July 20, 2017 GALANTE LAW INC.
By:

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Ben J. Galante
Attorney for Plaintiff

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Dated: July 20, 2017 SETHI LAW FIRM

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By:

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IT IS SO ORDERED.
Dated: July 20, 2017

Rahul Sethi
Attorney for Plaintiff

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