Demarest v. The City of Vallejo California et al

Filing 54

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: [phone]
Fax: [phone]
Email: [e-mail]

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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
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[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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