Wolniak v. County of Sacramento et al

Filing 26

PROTECTIVE ORDER signed by District Judge Kimberly J. Mueller on 1/31/2018 ORDERING the parties' Stipulated Protective Order is APPROVED with the clarification that paragraph 9 shall not apply to the court or its staff. (Reader, L)

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CREGGER & CHALFANT LLP
ROBERT L. CHALFANT, SBN 203051
Email: [e-mail]
701 University Avenue, Suite 110
Sacramento, CA 95825
Phone: [phone] / Fax: [phone]
Attorneys for Defendants COUNTY OF
SACRAMENTO, McCLOUD STEWART, JACOB
PRUE, RYAN DRUMMOND
LAW OFFICE OF SOHAILA SAGHEB
SOHAILA SAGHEB, SBN 144202
Email: [e-mail]
21112 Ventura Blvd.
Woodland Hills, CA 91364
Phone: [phone]/ Fax: [phone]
Attorney for Plaintiff, STEVE WOLNIAK, an
individual

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVE WOLNIAK, an individual,

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Plaintiff,

Case No.: 2:17-cv-01286 KJM AC
STIPULATION AND PROTECTIVE
ORDER

vs.
COUNTY OF SACRAMENTO, a public
governmental entity, MCCLOUD
STEWART, an individual and in his
capacity as a Deputy Sheriff of the County
of Sacramento, JACOB PRUE, an
individual and in his capacity as a Deputy
Sheriff of the County of Sacramento,
RYAN DRUMMOND, an individual and
in his capacity as a Deputy Sheriff of the
County of Sacramento, and DOES 1
through 50, inclusive,
Defendants.

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IT IS HEREBY STIPULATED by, among and between the parties to the above-captioned

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action through their counsel of record, that the documents described herein may be designated as

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“Confidential” and produced subject to the following Protective Order:

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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION AND
PROTECTIVE ORDER
Case No. 2:17-cv-01286 KJM AC

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(a)

Records made in connection with any California Welfare and Institutions

Code § 5150 et. Seq. assessments or determinations pertaining to Steve Wolniak.

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Mental Health treatment and assessment records of Steve Wolniak.

(c)

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Medical treatment and assessment of records of Steve Wolniak.

(b)

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Categories of documents described as follows:

(d)

enforcement file produced in this action:

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(1)

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Pay Information, including rates, time sheets, and income.

(6)

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Employment Verification Forms.

(5)

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Personnel Action Forms.

(4)

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Evaluations.

(3)

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Employment Applications.

(2)

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The following categories of items from the personnel files of any law

Next of Kin Notifications, including third party contact

information.
2.

The portions designated as confidential contain information that is not available to

the public and are the types of records and information which Wolniak, Stewart, Prue, and
Drummond have a privacy interest in.
3.

A Court approved protective order is appropriate pursuant to Local Rule 141.1

because there are certain relevant documents that contain private information regarding
Wolniak’s medical treatment and mental health.
4.

The disclosed documents shall be used solely in connection with the civil action of

Steve Wolniak v. County of Sacramento, et al., Case No. 2:17-cv-01286 KJM AC and in the
preparation and trial of the cases, or any related proceeding. The Parties do not waive any
objections to the admissibility of the documents or portions thereof in future proceedings in this
case, including trial.
5.

A party may only designate as “Confidential” a document which it has determined

in good faith to be: (a) confidential or potentially invasive of an individual’s privacy interests; (b)

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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION AND
PROTECTIVE ORDER
Case No. 2:17-cv-01286 KJM AC

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not generally known; and (c) not normally revealed to the public or third parties or, if disclosed to
third parties, such that third parties would be required to maintain the information in confidence.
By designating a document or portion thereof as “Confidential,” the party making the designation
avers that it can and would make a showing to the Court sufficient to justify entry of a protective
order covering that document or portion thereof under Federal Rule of Civil Procedure 26 and
Eastern District of California Local Rule 141.1.

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6.

those materials as confidential by affixing a mark labelling them “Confidential” provided that
such marking does not obscure or obliterate the content of any record. If any confidential
materials cannot be labelled with this marking, those materials shall be placed in a sealed
envelope or other container that is in turn marked “Confidential” in a manner agreed upon by the
disclosing and requesting parties.

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A party producing the documents and materials described herein may designate

7.

A party may apply to the Court for an order that information or materials labeled

“Confidential” are not, in fact, confidential. Prior to applying to the Court for such an order, the
party seeking to reclassify Confidential information shall meet and confer with the producing
party. Until the matter is resolved by the parties or the Court, the information in question shall
continue to be treated according to its designation under the terms of this Stipulated Protective
Order.

The producing party shall have the burden of establishing the propriety of the

“Confidential” designation. A party shall have the burden of establishing the propriety of a
confidentiality designation at the time made and a failure to do so shall not preclude a subsequent
challenge thereto.
8.

may only be disclosed to the following persons:

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(a)

All counsel of record and attorneys in the offices of counsel for any of the

Defendants in this action;

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Documents or materials designated under this Protective Order as “Confidential”

(b)

All counsel of record, and attorneys in the offices of counsel for Plaintiff in

this action;

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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION AND
PROTECTIVE ORDER
Case No. 2:17-cv-01286 KJM AC

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(c)

referred to in subparts (a) and (b) immediately above, including stenographic deposition reports
or videographers retained in connection with this action;

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(d)

action;
(e)

(f)

(g)

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9.

Witnesses during their depositions in this action; and

(h)

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The finder of facts at the time of trial, subject to the court’s rulings on in

limine motions and objections of counsel;

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Any expert, consultant, or investigator retained in connection with this

action;

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Court personnel, including stenographic reporters or videographers

engaged in proceedings as are necessarily incidental to the preparation for the trial in the civil

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Paralegal, clerical, and secretarial personnel regularly employed by counsel

The parties to this action.

Prior to the disclosure of any Confidential information to any person identified in

paragraph 8 and its sub-parts, each such recipient of Confidential information shall be provided
with a copy of this Stipulated Protective Order, which he or she shall read. Upon reading this
Protective Order, such person shall acknowledge in writing as follows:

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I have read the Protective Order that applies in Steve Wolniak v. County
of Sacramento, et al., Case No. 2:17-cv-01286 KJM AC (USDC) EDCA
and shall abide by its terms. I consent to be subject to the jurisdiction of
the United States District Court for the Eastern District of California,
including without limitation in any proceeding for contempt.
10.

The following procedures shall be utilized by the parties making copies of

documents designated as “Confidential”:
(a)

The producing party shall provide one copy of the Confidential documents

to the receiving party.
(b)

The receiving party shall not furnish, disclose, or otherwise divulge any

Confidential documents to any source, except those persons identified in Paragraph 8 herein,
without further order of the Court or authorization from counsel for the producing party.

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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION AND
PROTECTIVE ORDER
Case No. 2:17-cv-01286 KJM AC

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(c)

If any document designated as “Confidential” pursuant to this Protective

Order is used or disclosed during the course of a deposition, that portion of the deposition record
reflecting such material shall be stamped with the appropriate designation and access shall be
limited pursuant to the terms of this Protective Order. The court reporter will be directed to bind
those portions of the transcript that contain discussion of the contents of the Confidential
documents separately. The cover of any portion of a deposition transcript that contains testimony
or documentary evidence that has been designated Confidential, including exhibits designated as
“Confidential,” will be marked: CONFIDENTIAL/SUBJECT TO PROTECTIVE ORDER.
11.

Should any documents designated “Confidential” be disclosed, through

inadvertence or otherwise, to any person not authorized to receive the documents under this
Protective Order, the disclosing person(s) shall promptly: (a) inform the producing party of the
recipient(s) and the circumstances of the unauthorized disclosure, and (b) use best efforts to bind
the recipient(s) to the terms of this Protective Order. No document shall lose its Confidential
status because it was inadvertently or unintentionally disclosed to a person not authorized to
receive it under this Protective Order.
12.

The Confidential Material produced pursuant to this Order will be redacted with

respect to any purely confidential identifying personal and family information.
13.

If Plaintiff or Defendants intend to use Confidential Material in a Court filing, at

least seven (7) days’ notice shall be given to all parties identifying the Confidential Material that
the party intends to utilize. In the event that a party believes that the Confidential Material
intended to be used should be filed under seal, then it shall be the burden of the party desiring that
the material be filed under seal to make that request to the Court. Plaintiff and Defendants shall
comply with the requirements of Eastern District Local Rule 141. The Parties agree a request to
file under seal or remove the designation of Confidential Information may be heard on shortened
time and/or by telephone conference under the applicable sealing standard.
14.

Nothing in this Order shall in any way limit or prevent Confidential Material from

being used in any deposition or other proceeding in this action. In the event that any Confidential

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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION AND
PROTECTIVE ORDER
Case No. 2:17-cv-01286 KJM AC

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Material is used in any deposition or other proceeding it shall not lose its confidential status
through such use. If any Confidential Material is used in a deposition then arrangements shall be
made with the court reporter to separately bind such portions of the transcript containing
information designated as “CONFIDENTIAL” and to label such portions appropriately.
15.

This order is entered for the purpose of facilitating the exchange of documents

between the parties to this action without involving the Court unnecessarily in the process.
Nothing in this Order, or the production of any document under the terms of this Order, shall be
deemed to have the effect of an admission or waiver by either party or of altering the
confidentiality or non-confidentiality of any such document.
16.

Nothing in this Order shall in and of itself require disclosure of information that is

protected by the attorney-client privilege, work-product doctrine, or any other privilege, doctrine,
or immunity, nor does anything in this Order, result in any party giving up its right to argue that
otherwise privileged documents must be produced due to waiver or for any other reason.
17.

If Confidential Material produced in accordance with this Order is disclosed to any

person other than in the manner authorized by this Order, the party responsible for the disclosure
shall immediately bring all pertinent facts relating to such disclosure to the attention of all counsel
of record and without prejudice to their rights and remedies available to the producing party,
make every effort to obtain the return of the disclosed Confidential Material and prevent further
disclosure of it by the person who was the recipient of such information.
18.

After the conclusion of this litigation, all Confidential documents, in whatever

form or reproduced, will remain confidential. All documents produced pursuant to this Protective
Order shall be destroyed or returned to counsel for the producing party in a manner in which
counsel will be able to reasonably verify that all documents were returned. All parties agree to
ensure that Confidential documents disclosed to other persons shall be destroyed or returned to
counsel for the producing party. “Conclusion” of this litigation means a termination of the action
following a trial (any subsequent appeal) or settlement, and entry of an order, judgment, or decree
terminating this action.

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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION AND
PROTECTIVE ORDER
Case No. 2:17-cv-01286 KJM AC

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IT IS SO STIPULATED.
DATE: January 26, 2018

CREGGER & CHALFANT LLP

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/s/ Robert L. Chalfant
ROBERT L. CHALFANT
Attorneys for Defendants COUNTY OF
SACRAMENTO, McCLOUD STEWART, JACOB
PRUE, RYAN DRUMMOND

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DATE: January 25, 2018

LAW OFFICE OF SOHAILA SAGHEB

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/s/ Sohaila Sagheb
SOHAILA SAGHEB
Attorney for Plaintiff, STEVE WOLNIAK, an
individual

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The parties’ stipulation is approved with the clarification that paragraph 9 shall not apply
to the court or its staff.
IT IS SO ORDERED.
DATED: January 31, 2018.

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UNITED STATES DISTRICT JUDGE

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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION AND
PROTECTIVE ORDER
Case No. 2:17-cv-01286 KJM AC

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