Brooks v. City of Vallejo

Filing 19

STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 8/31/17. (Kaminski, H)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CLAUDIA M. QUINTANA City Attorney, SBN 178613 BY: KELLY J. TRUJILLO Assistant City Attorney, SBN 244286 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: Attorneys for Defendants, CITY OF VALLEJO, et al. JOHN L. BURRIS ESQ., SBN 69888 BENJAMIN NISENBAUM, ESQ., SBN 222173 JAMES COOK, ESQ., SBN 300212 LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 7677 Oakport Street, Suite 1120 Oakland, California 94621 Telephone: (510) 839-5200 Facsimile: (510) 839-3882 Attorneys for Plaintiff, JIMMY BROOKS 16 17 UNITED STATES DISTRICT COURT 18 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 19 20 JIMMY BROOKS, an individual, 21 Plaintiff, 22 Case No: 2:16-cv-02376-WBS-EFB vs. STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER 23 24 25 26 CITY OF VALLEJO, a municipal corporation; and DOES 1-50, inclusive, individually, jointly and severally, Defendants. 27 28 Case No. 2:16-cv-02376-WBS-EFB STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER -1- 1 IT IS HEREBY STIPULATED BY ALL PARTIES to this action by and through 2 their attorneys of record, that in order to protect the confidentiality of the records 3 described below, any of said records disclosed are subject to a protective order (and 4 designated as “Confidential Material”) as follows: 5 1. Records pertaining to plaintiff Brooks from Vallejo Mental Health, including 6 but not limited to treatment records, billing records, and any other records from said 7 facility pertaining to plaintiff Brooks. 8 9 10 2. Confidential material may not be disclosed except as set forth in paragraphs 3- 5. 3. Confidential Material may be disclosed only to the following persons: 11 a. Counsel for any party to this action. 12 b. Paralegal, stenographic, clerical and secretarial personnel regularly employed by counsel referred to in 3(a); 13 14 c. Court personnel including stenographic reporters engaged in 15 such 16 preparation for the trial of this action; 17 d. e. are necessarily incidental to Any outside expert or consultant retained in connection with Any “in house” expert designated by defendant to testify at trial in this matter; 20 21 as this action, and not otherwise employed by either party; 18 19 proceedings f. Witnesses who may have the documents disclosed to them 22 during deposition proceedings; the witnesses may not leave 23 the depositions with copies of the documents, and shall be 24 bound by the provisions of paragraph 5; 25 g. Any Neutral Evaluator or other designated ADR provider; 26 h. Parties to this action; and 27 i. The jury, should this matter go to trial. 28 Case No. 2:16-cv-02376-WBS-EFB STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER -2- 4. 1 Each person to whom disclosure is made, with the exception of counsel 2 who are presumed to know of the contents of this protective order, shall, prior to 3 disclosure: (1) be provided with a copy of this order by the person furnishing him/her 4 such material, and (2) agree on the record or in writing that she/he has read the 5 protective order and that she/he understand the provisions of the protective order. Such 6 person must also consent to be subject to the jurisdiction of the United States District 7 Court, Eastern District of California, with respect to any proceeding relating to the 8 enforcement of this order. 5. 9 In the event that either party wishes to file Confidential Material with the 10 court, as an exhibit to a pleading or otherwise, the filing party shall first seek an order to 11 file under seal pursuant to Local Rule 141. The Request to Seal Documents shall refer 12 to this stipulation and protective order. 6. 13 Nothing in this order shall preclude a party from showing or disclosing any 14 documents, e.g., deposition transcript, pleading or brief, which otherwise contain 15 Confidential Material as defined in paragraph 1, as long as such document has been 16 redacted so as to prevent disclosure of such Confidential Material. 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // Case No. 2:16-cv-02376-WBS-EFB STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER -3- 1 7. The foregoing is without prejudice to the right of any party (a) to apply to 2 the Court for a further protective order relating to any Confidential Material or relating to 3 discovery in this litigation; (b) to apply to the Court for an order removing the 4 Confidential Material designation from any document; and (c) to apply to the Court for 5 an order compelling production of documents or modification of this order or for any 6 order permitting disclosure of Confidential Materials beyond the terms of this order. 7 8 DATED: August 30, 2017 Respectfully Submitted, 9 / s / Kelly J. Trujillo KELLY J. TRUJILLO Assistant City Attorney Attorney for Defendants, CITY OF VALLEJO, et al. 10 11 12 13 14 DATED: August 30, 2017 15 16 17 / s / James Cook JAMES COOK BEN NISENBAUM Attorneys for Plaintiff, JIMMY BROOKS 18 19 IT IS SO ORDERED. 20 21 Dated: August 31, 2017 ______________________________ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 Case No. 2:16-cv-02376-WBS-EFB STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER -4-

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