Galles et al v. County of Butte et al

Filing 15

STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Dennis M. Cota on 12/11/2018. (Washington, S)

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A PROFESSIONAL CORPORATION
Stephen E. Horan, SBN 125241
Stephanie P. Foote, SBN 311548
350 University Avenue, Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]

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PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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OFFICE OF THE COUNTY COUNSEL
COUNTY OF BUTTE
Bruce S. Alpert, SBN 75684
Brad J. Stephens, SBN 212246
25 County Center Drive, Suite 201
Oroville, CA 95965
TEL: [phone]
FAX: [phone]
Attorneys for Defendants, COUNTY OF BUTTE, MELODY GILES, DEIDRE NEDVED, and
SARAH CORNETT
Exempt From Filing Fees Pursuant to Government Code § 6103

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
REDDING DIVISION

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ELEANA GALLES, Individually, and as
Guardian Ad Litem for minor Plaintiff M.L.C.

CASE NO. 2:18-cv-00298-TLN-DMC
STIPULATED PROTECTIVE ORDER;
ORDER

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Plaintiffs,

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v.

Butte County Juvenile Case No. 17DP00042

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COUNTY OF BUTTE, MELODY GILES,
DEIRDRE NEDVED, SARAH CORNETT,
BRANDY NYBERG, DR. JAMES LOGAN,
PARADISE MEDICAL GROUP, INC., and
DOES 1- 10 inclusive,
Defendants.

Complaint Filed: 02/08/2018
Amended Complaint: 04/09/2018

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/

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IT IS HEREBY STIPULATED by and

between

Plaintiffs

ELEANA

GALLES,

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Individually, and as Guardian Ad Litem for minor Plaintiff M.L.C., Defendants COUNTY OF

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BUTTE, MELODY GILES, DEIRDRE NEDVED, SARAH CORNETT, and Defendants JAMES
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STIPULATED PROTECTIVE ORDER; [PROPOSED] ORDER

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LOGAN and PARADISE MEDICAL GROUP, INC., by and thorough their respective counsel of

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record, that in order to facilitate the exchange of information and documents which are subject to

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confidentiality limitations based on Plaintiff M.L.C.’s right to privacy in his juvenile files.1 This

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Order shall constitute a protective order pursuant to F.R.C.P. 26(c) and shall be enforceable as set

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forth therein. The Parties stipulate as follows:

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1. PURPOSES AND LIMITATIONS

File for Plaintiff M.L.C.’s Juvenile Court File and his Department of Employment and Social

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Services/Children’s Services Program File. On June 18, 2018, Defendants COUNTY OF BUTTE,

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MELODY GILES, DEIRDRE NEDVED, and SARAH CORNETT filed an Objection to the Release

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PORTER | SCOTT

On June 18, 2018, Plaintiffs’ Counsel filed a JV-570 Request for Disclosure of Juvenile Case

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350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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of Plaintiff M.L.C.’s Juvenile Case File. On September 5, 2018, the Butte County Juvenile Court

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held a hearing in which Judge Barbara L. Roberts released the Department of Employment & Social

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Services/Children’s Services Program File but denied the release of the Juvenile Court File. Judge

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Roberts further ordered that the parties obtain the necessary protective order through the Eastern

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District of California, which has jurisdiction over the relevant civil case, captioned above.

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Disclosure and discovery activity in this action will potentially involve production of

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confidential juvenile records for which special protection from public disclosure and from use for

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any purpose other than prosecuting this litigation would be warranted. Accordingly, the parties

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stipulate and the Court hereby issues the following Protective Order regarding production of

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confidential records. The disclosed documents shall be used solely in connection with the civil case

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Galles v County of Butte, et al., Case No. 2:18-cv-00298-TLN-DMC, in the United States District

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Court Eastern District of California, and in the preparation and trial of the case, or any related

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proceeding. The Parties do not waive any objections to the admissibly of the documents or portions

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therefor in future proceedings in this case, including trial.

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Defendant Brandy Nyberg declined to stipulate to this protective order.

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STIPULATED PROTECTIVE ORDER; [PROPOSED] ORDER

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2. DEFINITIONS

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2.1 Party: any Party to this action, including all of its officers, directors, employees,
consultants, retained experts, and outside counsel (and their support staff).

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2.2 Disclosure or Discovery Material: all items or information, regardless of the medium or

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manner generated, stored or maintained (including, among other things, testimony, transcripts, or

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tangible things) that are produced or generated in disclosures or responses to discovery by any Party

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in this matter.

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PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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2.3 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing
Party.
2.4 Producing Party: a Party or non-party that produces Disclosure or Discovery Material in
this action.

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2.5 Expert: a person with specialized knowledge or experience in a matter pertinent to the

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litigation who has been retained by a Party or its counsel to serve as an expert witness or as a

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consultant in this action and who is not a part or a current employee of a Party and who, at the time

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of retention, is not anticipated to become an employee of a Party.

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3. SCOPE

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The protections conferred by this Stipulation and Order covers the Department of

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Employment & Social Services/Children’s Services Program File, released by the Butte County

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Juvenile Court. No copies or excerpts may be filed with the Court, except under seal.

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4. DURATION

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Even after the termination of this litigation, the confidentiality obligations imposed by this

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Order shall remain in effect until a Producing Party agrees otherwise in writing or a court order

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otherwise directs.

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5. CHALLENGING CONFIDENTIALITY

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5.1 Timing of Challenges. Unless a prompt challenge to the confidentiality of a disclosure

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is necessary to avoid foreseeable substantial unfairness, unnecessary economic burdens, or a later

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significant disruption or delay of the litigation, a Party does not waive its right to challenge

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confidentiality by electing not to mount a challenge promptly after the information is disclosed.
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STIPULATED PROTECTIVE ORDER; [PROPOSED] ORDER

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5.2 Meet and Confer. A Party that elects to initiate a challenge must do so in good faith and

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must begin the process by conferring with counsel for the Producing Party. In conferring, the

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challenging Party must explain the basis for its belief that confidentiality is not proper and must give

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the Producing Party an opportunity to review the challenged material, to reconsider the

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circumstances, and to explain the basis for confidentiality. A challenging Party may proceed to the

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next stage of the challenge process only if it has engaged in this meet and confer process first.

and serve a motion under Civil Local Rule 230 (and in compliance with Civil Local Rule 141, if

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applicable) that identifies the challenged material and sets forth in detail the basis for the challenge.

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Each such motion must be accompanied by a competent declaration that affirms that the movant has

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PORTER | SCOTT

5.3 Judicial Intervention. A Party that elects to press a challenge to confidentiality may file

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350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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complied with the meet and confer requirements imposed in the preceding paragraph and that sets

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forth with specificity the justification for challenge. The burden of persuasion in any such challenge

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proceeding shall be on the Producing Party. Until the court rules on the challenge, all parties shall

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continue to afford the material in question the level of protection to which it is entitled.

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6. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL

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A Receiving Party shall use disclosed information only for prosecuting, defending, or

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attempting to settle this litigation. The Department of Employment & Social Services/Children’s

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Services Program File may be disclosed only to:

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(a)

Dennis R. Ingols of the LAW OFFICE OF DENNIS R. INGOLS and associate

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attorneys in his office, as counsel for Plaintiffs ELEANA GALLES, Individually, and as Guardian

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Ad Litem for Minor, Plaintiff M.L.C, in the case enumerated above;

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(b)

Nicholas J. Leonard and Steven M. McKinley of LOW MCKINLEY BALERIA &

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SALENKO, LLP and attorneys in his office, as counsel for Defendants JAMES LOGAN and

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PARADISE MEDICAL GROUP, INC., in the case enumerated above;

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(c)

Stephen E. Horan and Stephanie P. Foote of PORTER SCOTT ATTORNEYS and

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associate attorneys in their office, and Bruce Alpert and Brad Stephens of BUTTE COUNTY

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COUNSEL and associate attorneys in their office, as counsel for Defendants COUNTY OF BUTTE,

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MELODY GILES, DEIRDRE NEDVED, and SARAH CORNETT, in the case enumerated above;
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STIPULATED PROTECTIVE ORDER; [PROPOSED] ORDER

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(d)

Paralegal, clerical, and secretarial personnel regularly employed by counsel referred

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to in subparts (a)-(d) immediately above, including stenographic deposition reports or videographers

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retained in connection with this action;

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(e)

Court personnel, including stenographic reporters or videographers engaged in

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

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(f)

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

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(g)

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

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motions and objections of counsel;
Witnesses during their depositions in this action; and

(i)

The parties in this action.

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PORTER | SCOTT

(h)

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350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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Attorneys who disclose such information to experts must instruct them not to disclose the

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information to anybody. If a person is deposed, confidential information may be used subject to the

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protective order. In such cases, the terms of the protective order will be put on the record and that

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part of the transcript shall remain confidential until otherwise allowed by court order.

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When the litigation has been terminated, a Receiving Party must comply with the provisions

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of section 9 below (FINAL DISPOSITION). Information must be stored and maintained by a

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Receiving Party at a location and in a secure manner that ensures that access is limited to the persons

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authorized under this Order.

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7. UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION

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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed information

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covered by this Protective Order to any person or in any circumstance not authorized under this

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Protective Order, the Receiving Party must immediately (a) notify in writing the Producing Party of

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the unauthorized disclosures, (b) use its best efforts to retrieve all copies of the information, and (c)

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inform the person or persons to whom unauthorized disclosures were made of all the terms of this

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Order.

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STIPULATED PROTECTIVE ORDER; [PROPOSED] ORDER

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8. FILING CONFIDENTIAL INFORMATION

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Without written permission from the Producing Party or a court order secured after

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appropriate notice to all interested persons, a Party may not file in the public record in this action

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any information covered by this Order. A Party that seeks to file under seal any such information

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must comply with Local Rule 141.

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9. FINAL DISPOSITION

after the final termination of this action, defined as the dismissal or entry of judgment by the district

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court, or if an appeal is filed, the disposition of the appeal, each Receiving Party must return all

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information covered by this Order to the Producing Party. This includes all copies, abstracts,

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PORTER | SCOTT

Unless otherwise ordered or agreed in writing by the Producing Party, within sixty (60) days

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350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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compilations, summaries or any other form of reproducing or capturing any information covered by

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this Order. With permission in writing from the Producing Party, the Receiving Party may destroy

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some or all of the information instead of returning it. Whether the information is returned or

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destroyed, the Receiving Party must submit a written certification to the Producing Party by the

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sixty-day deadline that identifies the information that was returned or destroyed and that affirms that

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the Receiving Party has not retained any copies, abstracts, compilations, summaries or other forms

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of reproducing or capturing any of the information covered by this Order. Notwithstanding this

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provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, transcripts,

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legal memoranda, correspondence or attorney work product.

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10. MISCELLANEOUS

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10.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek
its modification by the Court in the future.

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10.2 Right to Assert Other Objections. This Protective Order does not limit any right the

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Parties have to object to disclosing or producing any information or item on any ground not

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addressed in this Stipulated Protective Order. Similarly, this Protective Order does not limit the

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Parties’ right to object on any ground to use in evidence any of the material covered by this

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Protective Order.

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STIPULATED PROTECTIVE ORDER; [PROPOSED] ORDER

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10.3 Documents Deemed Confidential. Plaintiff M.L.C.’s Department of Employment &

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Social Services, Children’s Services Division Program File, released by the Butte County Juvenile

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Court on September 5, 2018.

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IT IS SO STIPULATED.

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Respectfully submitted,
Dated: ____________

LAW OFFICE OF DENNIS R. INGOLS

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By _____________________________
Dennis R. Ingols
Attorney for Plaintiffs
ELEANA GALLES, Individually, and as
Guardian Ad Litem for minor Plaintiff M.L.C.

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PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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Dated: ____________

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By _____________________________
Nicholas Leonard
Attorney for Defendants
JAMES LOGAN, PARADISE MEDICAL
GROUP, INC.

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LOW MCKINLEY BALERIA & SALENKO, LLP

Dated: ____________

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PORTER SCOTT ATTORNEYS
A PROFESSIONAL CORPORATION

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By _____________________________
Stephen E. Horan
Stephanie P. Foote
Attorneys for Defendants
COUNTY OF BUTTE,
MELODY GILES, DEIRDRE NEDVED,
SARA CORNETT

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STIPULATED PROTECTIVE ORDER; [PROPOSED] ORDER

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Dated: ____________

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BUTTE COUNTY COUNSEL
By _____________________________
Bruce Alpert
Attorneys for Defendants
COUNTY OF BUTTE,
MELODY GILES, DEIRDRE NEDVED,
SARA CORNETT

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IT IS SO ORDERED.

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Dated: December 11, 2018
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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STIPULATED PROTECTIVE ORDER; [PROPOSED] ORDER