Demarest v. The City of Vallejo California et al
Filing
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STIPULATION FOR PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/18 ORDERING prior to filing any motion related to this stipulated protective order or other discovery motion, the parties shall first exhaust informal meet- and-confer efforts and otherwise comply with Local Rule 251; Nothing in this order limits the testimony of parties or non-parties, or the use of certain documents, at any court hearing or trial such determinations will only be made by the court at the hearing or trial, or upon an appropriate motion; Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement of the terms of this stipulated protective order after the action is terminated. (Becknal, R)
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CLAUDIA M. QUINTANA
City Attorney, SBN 178613
BY: KATELYN M. KNIGHT
Deputy City Attorney, SBN 264573
CITY OF VALLEJO, City Hall
555 Santa Clara Street, P.O. Box 3068
Vallejo, CA 94590
Tel: (707) 648-4545
Fax: (707) 648-4687
Email: katelyn.knight@cityofvallejo.net
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Attorneys for Defendants
CITY OF VALLEJO, OFFICER JODI BROWN
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DAVID P. DEMAREST,
Plaintiff,
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STIPULATION FOR PROTECTIVE
ORDER; [PROPOSED ORDER]
vs.
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Case No: 2:16-cv-02271-MCE-KJN
THE CITY OF VALLEJO CALIFORNIA,
OFFICER JODI BROWN, OFFICER JEFF
TAI, OFFICER HERMAN ROBINSON,
POLICE CHIEF ANDREW BIDOU, et al.,
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Defendants.
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IT IS HEREBY STIPULATED BY ALL PARTIES to this action by and through their
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attorneys of record, that in order to protect the confidentiality of the records described below,
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any of said records disclosed are subject to a protective order and designated as “ATTORNEY’S
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EYES ONLY” as follows:
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1.
Records produced by the Sacramento Police Department in response to the
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Subpoena to Produce Documents Issued by Plaintiff’s Counsel seeking:
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Case No. 2:16-cv-02271-MCE-KJN
STIPULATION FOR
PROTECTIVE ORDER;
[PROPOSED ORDER]
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a. Any and all documents that comprise or are a part of Jodi Marie Brown’s
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personnel file and employment records during her tenure as a Sacramento
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Police officer, including but not limited documents concerning:
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i.
The hiring and appointment of Jodi Marie Brown, including but
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not limited to complete documentation of any investigation into
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her background and fitness to be a law-enforcement officer, and
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any fitness for-duty evaluations pre- and post-hiring;
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ii.
Any and all complaints, including citizen complaints and any
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complaints or charges of misconduct, including documents
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reflecting the investigation, conclusion, final disposition, and any
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resulting discipline, retraining, or other action taken;
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iii.
Disclosure of matters pertaining to the credibility or possible
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impeachment of Jodi Marie Brown’s testimony, including but not
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limited to all Brady disclosures or other information concerning
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Jodi Marie Brown’s administrative findings of dishonesty or false
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reporting;
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iv.
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The evaluation and promotion of Jodi Marie Brown, including
performance evaluations;
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v.
Training as a law-enforcement officer;
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vi.
The termination of Jodi Marie Brown’s employment.
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2.
Records produced by the Richmond Police Department in response to the
Subpoena to Produce Documents Issued by Plaintiff’s Counsel seeking:
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a. Any and all documents that comprise or are a part of Jodi Marie Brown’s
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personnel file and employment records during her tenure as a Richmond
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Police officer, including but not limited documents concerning:
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i.
The hiring and appointment of Jodi Marie Brown, including but
not limited to complete documentation of any investigation into
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Case No. 2:16-cv-02271-MCE-KJN
STIPULATION FOR
PROTECTIVE ORDER;
[PROPOSED ORDER]
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her background and fitness to be a law-enforcement officer, and
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any fitness for-duty evaluations pre- and post-hiring;
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ii.
Any and all complaints, including citizen complaints and any
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complaints or charges of misconduct, including documents
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reflecting the investigation, conclusion, final disposition, and any
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resulting discipline, retraining, or other action taken;
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iii.
Disclosure of matters pertaining to the credibility or possible
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impeachment of Jodi Marie Brown’s testimony, including but not
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limited to all Brady disclosures or other information concerning
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Jodi Marie Brown’s administrative findings of dishonesty or false
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reporting;
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iv.
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The evaluation and promotion of Jodi Marie Brown, including
performance evaluations;
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v.
Training as a law-enforcement officer;
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vi.
The termination of Jodi Marie Brown’s employment.
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3.
Disclosure of “ATTORNEY’S EYES ONLY” information or items:
Unless
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otherwise ordered by the Court or permitted in writing by Defendants’ counsel, “ATTORNEY’S
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EYES ONLY” material may only be disclosed to counsel of record in this action, as well as
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employees of counsel to whom it is reasonably necessary to disclose the information for this
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litigation; copy or imaging services retained by counsel to assist in the duplication of such
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material; or the author or recipient of a document containing the information or a custodian or
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other person who otherwise possessed or knew the information.
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4.
Re-Designation of “ATTORNEY’S EYES ONLY” information or material to
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“CONFIDENTIAL”:
Documents produced pursuant to this order may be re-designated as
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merely “CONFIDENTIAL” upon order of the Court or written permission of Defendants’
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counsel.
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Case No. 2:16-cv-02271-MCE-KJN
STIPULATION FOR
PROTECTIVE ORDER;
[PROPOSED ORDER]
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5.
Disclosure of “CONFIDENTIAL” information or items:
Unless otherwise
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ordered by the Court or permitted in writing by Defendants’ counsel, “CONFIDENTIAL”
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material may only be disclosed to:
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a. Counsel for any party to this action;
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b. Paralegal, stenographic, clerical and secretarial personnel regularly
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employed by counsel;
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c. Court personnel including stenographic reporters engaged in such
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proceedings as are necessarily incidental to preparation for the trial of this
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action;
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d. Any outside expert or consultant retained in connection with this action,
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and not otherwise employed by either party;
e. Any “in house” expert designated by defendants to testify at trial in this
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matter;
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f. Witnesses, other than the plaintiff herein, who may have the documents
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disclosed to them during deposition proceedings; the witnesses may not
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leave the depositions with copies of the documents, and shall be bound by
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the provisions of this order;
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g. Any Neutral Evaluator or other designated ADR provider;
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h. Parties to this action; and
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i. The jury, should this matter go to trial.
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6.
Each person to whom disclosure is made, with the exception of counsel who are
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presumed to know of the contents of this protective order, shall, prior to disclosure: (1) be
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provided with a copy of this order by the person furnishing him/her such material, and (2) agree
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on the record or in writing that she/he has read the protective order and that she/he understand
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the provisions of the protective order. Such person must also consent to be subject to the
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jurisdiction of the United States District Court, Eastern District of California, with respect to any
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proceeding relating to the enforcement of this order. Defendant City of Vallejo and the named
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defendants herein shall be entitled to retain possession of the original writings described above.
Case No. 2:16-cv-02271-MCE-KJN
STIPULATION FOR
PROTECTIVE ORDER;
[PROPOSED ORDER]
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Nothing in this paragraph 6 is intended to prevent officials or employees of the City of Vallejo or
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other authorized government officials or any other persons from having access to the documents
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if they would have had access in the normal course of their job duties or rights as a citizen.
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Further, nothing in this order prevents a witness from disclosing events or activities personal to
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them, i.e., a witness can disclose to others previous information given to the City of Vallejo with
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respect to what she/he saw, heard, or otherwise sensed.
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7.
At the conclusion of the trial and of any appeal or upon other termination of this
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litigation, all “CONFIDENTIAL” documents received under the provision of this order
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(including any copies made) shall be delivered back to the City of Vallejo. Provisions of this
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order insofar as they restrict disclosure and use of the material shall be in effect until all such
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documents are returned to defendants.
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8.
Should a party intend to file “CONFIDENTIAL” material with the court, as an
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exhibit to a pleading or otherwise, that party must first notify all other parties (through their
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attorneys), in writing and filed with the court, no less than fourteen days before the intended
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filing date, giving any such party reasonable notice and an opportunity to apply to the court for
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an order to file the material under seal. No document shall be filed under seal unless a party
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secures a court order allowing the filing of a document under seal in accordance with the
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provisions of E.D. Local Rule 141.
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9.
The foregoing is without prejudice to the right of any party (a) to apply to the
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Court for a further protective order relating to any confidential material or relating to discovery
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in this litigation; (b) to apply to the Court for an order removing the “ATTORNEY’S EYES
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ONLY” or “CONFIDENTIAL” designations from any document; and (c) to apply to the Court
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for an order compelling production of documents or modification of this order or for any order
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permitting disclosure of CONFIDENTIAL materials beyond the terms of this order.
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10.
CONFIDENTIAL material disclosed may be used in the litigation of this action
only, and not for any other purpose.
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Violation of the terms of this Protective Order MAY SUBJECT a party to any and
all permissible SANCTIONS.
Case No. 2:16-cv-02271-MCE-KJN
STIPULATION FOR
PROTECTIVE ORDER;
[PROPOSED ORDER]
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DATED: August 27, 2018
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/s/ Katelyn M. Knight
KATELYN M. KNIGHT
Deputy City Attorney
Attorneys for Defendants, CITY OF
VALLEJO, OFFICER JODI BROWN
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DATED: August 27, 2018
/s/ Glenn Katon (as authorized on 08/27/2018)
GLENN KATON
Katon Law
Attorney for Plaintiff DAVID P. DEMAREST
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IT IS SO ORDERED, with the following amendments and clarifications:
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1.
Prior to filing any motion related to this stipulated protective order or other
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discovery motion, the parties shall first exhaust informal meet-and-confer efforts and otherwise
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comply with Local Rule 251.
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2.
Nothing in this order limits the testimony of parties or non-parties, or the use of
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certain documents, at any court hearing or trial—such determinations will only be made by the
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court at the hearing or trial, or upon an appropriate motion.
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3.
Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over
enforcement of the terms of this stipulated protective order after the action is terminated.
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Dated: August 28, 2018
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Case No. 2:16-cv-02271-MCE-KJN
STIPULATION FOR
PROTECTIVE ORDER;
[PROPOSED ORDER]
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