Ledesma et al v. City of Vallejo et al

Filing 12

STIPULATION and PROTECTIVE ORDER signed by District Judge Morrison C. England, Jr on 1/10/2018. (Hunt, G)

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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: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants, CITY OF VALLEJO, et al.
JOHN L. BURRIS ESQ., SBN 69888
ADANTE D. POINTER, SBN 236229
MELISSA C. NOLD, SBN 301378
LAW OFFICES OF JOHN L. BURRIS
Airport Corporate Centre
7677 Oakport Street, Suite 1120
Oakland, California 94621
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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Case No: 2:17-cv-00106-MCE-CKD

JOSEPH LEDESMA, an individual; and
JEANNIE LEDESMA, an individual,
Plaintiffs,

STIPULATION FOR PROTECTIVE
ORDER; ORDER THEREON

vs.

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CITY OF VALLEJO, a municipal corporation,
ROBERT DeMARCO, individually and in his
official capacity as Police Officer for the CITY
OF VALLEJO; AMANDA BLAIN, individually
and in her official capacity as Police Officer
for the CITY OF VALLEJO; and DOES 1-50,
individually and in their official capacities as
Police Officers for the CITY OF VALLEJO,
jointly and severally,

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Case No. 2:17-cv-00106-MCE-CKD

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STIPULATION FOR PROTECTIVE ORDER;
ORDER THEREON

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Defendants.

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IT IS HEREBY STIPULATED BY ALL PARTIES to this action by and through
their attorneys of record, that in order to protect the confidentiality of the records
described below, any of said records disclosed are subject to a protective order and
designated as “Confidential Material” as follows:
1.

Records produced by defendants’ in the production of documents
pertaining to:

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•

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excessive force or alleged dishonesty against Defendant Blain within the

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last five years.

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•

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the last five years.

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Citizen complaints and internal affairs investigations related to alleged
excessive force or alleged dishonesty against Defendant DeMarco within

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Citizen complaints and internal affairs investigations related to alleged

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:
a.

Counsel for any party to this action.

b.

Paralegal, stenographic, clerical and secretarial personnel
regularly employed by counsel referred to in 3(a);

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c.

Court personnel including stenographic reporters engaged in
such

proceedings

as

are

necessarily

incidental

preparation for the trial of this action;
Case No. 2:17-cv-00106-MCE-CKD

STIPULATION FOR PROTECTIVE ORDER;
ORDER THEREON

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to

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d.

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Any outside expert or consultant retained in connection with
this action, and not otherwise employed by either party;

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e.

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Any “in house” expert designated by defendant to testify at
trial in this matter;

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f.

Witnesses, other than the plaintiffs herein, who may have

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the

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proceedings; the witnesses may not leave the depositions

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with copies of the documents, and shall be bound by the

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provisions of paragraph 5;

documents

disclosed

to

them

during

deposition

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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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4.

Each person to whom disclosure is made, with the exception of counsel

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who are presumed to know of the contents of this protective order, shall, prior to

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disclosure: (1) be provided with a copy of this order by the person furnishing him/her

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such material, and (2) agree on the record or in writing that she/he has read the

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protective order and that she/he understand the provisions of the protective order. Such

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person must also consent to be subject to the jurisdiction of the United States District

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Court, Eastern District of California, with respect to any proceeding relating to the

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enforcement of this order. Defendant City of Vallejo and the named defendants herein

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shall be entitled to retain possession of the original writings described above. Nothing

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in this paragraph 4 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

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documents if they would have had access in the normal course of their job duties or

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rights as a citizen. Further, nothing in this order prevents a witness from disclosing

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events or activities personal to them, i.e., a witness can disclose to others previous

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Case No. 2:17-cv-00106-MCE-CKD

STIPULATION FOR PROTECTIVE ORDER;
ORDER THEREON

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information given to the City of Vallejo with respect to what she/he saw, heard, or

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otherwise sensed.

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5.

At the conclusion of the trial and of any appeal or upon other termination

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of this litigation, all Confidential Material 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

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this order insofar as they restrict disclosure and use of the material shall be in effect

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until all Confidential Material (including all copies thereof) are returned to defendants.

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6.

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

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their attorneys), in writing and filed with the court, no less than fourteen days before the

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intended filing date, giving any such party reasonable notice and an opportunity to apply

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to the court for an order to file the material under seal. No document shall be filed under

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seal unless a party secures a court order allowing the filing of a document under seal in

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accordance with the provisions of E.D. Local Rule 141.

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7.

Nothing in this order shall preclude a party from showing or disclosing any

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documents, e.g., deposition transcript, pleading or brief, which otherwise contain

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Confidential Material as defined in paragraph 1, as long as such document has been

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redacted so as to prevent disclosure of such Confidential Material.

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8.

The foregoing is without prejudice to the right of any party (a) to apply to

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the Court for a further protective order relating to any Confidential Material or relating to

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discovery in this litigation; (b) to apply to the Court for an order removing the

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Confidential Material designation from any document; and (c) to apply to the Court for

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an order compelling production of documents or modification of this order or for any

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order permitting disclosure of Confidential Materials beyond the terms of this order.

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9.

Upon receipt of this Protective Order and disclosure of the Confidential

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Material, it will be presumed that plaintiffs know the contents of this Protective Order,

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understand the provisions of this Protective Order and consent to be subject to the

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Case No. 2:17-cv-00106-MCE-CKD

STIPULATION FOR PROTECTIVE ORDER;
ORDER THEREON

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jurisdiction of the United States District Court, Eastern District, with respect to any

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proceeding relating to the enforcement of this Protective 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.
11.

Violation of the terms of this Protective Order MAY SUBJECT a party to

any and all permissible SANCTIONS, including dismissal.

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DATED: December 29, 2017

Respectfully Submitted,

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/ s / Kelly J. Trujillo
KELLY J. TRUJILLO
Assistant City Attorney
Attorney for Defendants,
CITY OF VALLEJO, et al.

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DATED: December 29, 2017
/ s / Melissa Nold
MELISSA C. NOLD
Attorney for Plaintiffs

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IT IS SO ORDERED.

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Dated: January 10, 2018

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Case No. 2:17-cv-00106-MCE-CKD

STIPULATION FOR PROTECTIVE ORDER;
ORDER THEREON

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