Adams v. City of Redding

Filing 8

PROTECTIVE ORDER signed by Magistrate Judge Dennis M. Cota on 9/14/2020. (Coll, A)

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BRUCE A. KILDAY, ESQ., SBN 66415
Email: [e-mail]
DERICK E. KONZ, ESQ., SBN 286902
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]
Telecopier: [phone]

Attorneys for Defendant CITY OF REDDING
PUBLIC ENTITY, FILING FEES WAIVED PURSUANT TO GOV’T CODE §6103

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THE SEHAT LAW FIRM, PLC
Cameron Sehat, Esq. (SBN 256535)
11 19800 MacArthur Blvd, Suite 1000
Irvine, CA 92612
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Telephone: [phone]
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Email: [e-mail]
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Attorney for Plaintiff, Cindy Adams
as personal representative to the Estate of Jesse Adams,
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and in her individual capacity
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CINDY ADAMS as Personal Representative to ) Case No.: 2:20-cv-01610-TLN-DMC
the Estate of JESSE ADAMS, and individually,)
) PROTECTIVE ORDER
Plaintiff,
)
)
vs.
)
)
CITY OF REDDING, a governmental entity, )
and DOES 1 through 10,
)
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Defendants.
)
)
)

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PROTECTIVE ORDER

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IT IS HEREBY STIPULATED by and between Plaintiffs and Defendants, by and through their
respective counsel of record, that in order to facilitate the exchange of information and documents which
are subject to confidentiality limitations based on the law enforcement investigatory privilege and the

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Defendants’ rights to privacy in their personnel files. This Order shall constitute a protective order

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pursuant to Fed. R. Civ. P. 26(c) and shall be enforceable as set forth therein. The Parties stipulate as

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follows:

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1.

PURPOSES AND LIMITATIONS

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Disclosure and discovery activity in this action could potentially involve production of confidential

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law enforcement investigatory information, personnel records, and medical records for which special

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protection from public disclosure and from use for any purpose other than prosecuting this litigation would

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be warranted. Accordingly, the parties stipulate and the court hereby issues the following Protective Order

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regarding production of confidential records.

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2.

2.1 Party: any party to this action, including all of its officers, directors, employees,

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consultants, retained experts, and outside counsel (and their support staff).
2.2 Discovery Material: all items or information, regardless of the

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DEFINITIONS

medium or manner generated, that are (1) produced by any Party to this action under the discovery rules;
(2) obtained via subpoena; or (3) generated as the result of a deposition. This is to include all items or
information obtained pursuant to Fed. R. Civ. P. 26, 30, 31, 33, 34, 35, 36, and 45.
2.3 Receiving Party: a Party that receives Discovery Material

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2.4 Producing Party: a Party or non-party that produces Discovery Material.

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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 consultant in
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this action and who is not a part or a current employee of a Party and who, at the time of retention, is not
anticipated to become an employee of a party.
3.

SCOPE

The protections conferred by this Stipulation and Order cover all Discovery Material disclosed

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during the course of this litigation. This includes information copied or extracted therefrom, as well as all

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copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by

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PROTECTIVE ORDER

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parties or counsel to or in court or in other settings that might reveal disclosed material.
4.

DURATION

Even after the termination of this litigation, the confidentiality obligations imposed by this Order
shall remain in effect until a Producing Party agrees otherwise in writing or a court order otherwise directs.
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 confidentiality

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by electing not to mount a challenge promptly after the information is disclosed.

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

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and 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 the

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Producing Party an opportunity to review the challenged material, to reconsider the circumstances, and to
explain the basis for confidentiality. A challenging Party may proceed to the next stage of the challenge
process only if it has engaged in this meet and confer process first.
5.3 Judicial Intervention. A Party that elects to press a challenge to confidentiality may

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file 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. Each
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such motion must be accompanied by a competent declaration that affirms that the movant has complied
with the meet and confer requirements imposed in the preceding paragraph and that sets forth with
specificity the justification for challenge. The burden of persuasion in any such challenge proceeding shall
be on the Producing Party. Until the court rules on the challenge, all parties shall continue to afford the
material in question the level of protection to which it is entitled.

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6.

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A Receiving Party shall use Discovery Material only for prosecuting, defending, or attempting to

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settle this litigation. Such material may be disclosed only to parties, counsel of record, and parties’ experts.

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

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information to anybody and advise them of this protective order. Attorneys who disclose such information

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shall not provide copies of the material to parties in either physical or electronic form.

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ACCESS TO AND USE OF CONFIDENTIAL MATERIAL

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PROTECTIVE ORDER

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When the litigation has been terminated, a Receiving Party must comply with the provisions of
section 9 below (FINAL DISPOSITION). Information must be stored and maintained by a Receiving
Party at a location and in a secure manner that ensures that access is limited to the persons authorized under
this Order.

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7.

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

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

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the Receiving Party must immediately: (a) notify in writing opposing counsel of the unauthorized

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disclosures, (b) use best efforts to retrieve all copies of the information, and (c) inform the person or persons

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UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION

to whom unauthorized disclosures were made of all the terms of this protective order.

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8.

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

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FINAL DISPOSITION

the final termination of this action, defined as the dismissal or entry of judgment by the district court, or if
an appeal is filed, the disposition of the appeal, each Receiving party must return all information covered
by this Order to the Producing Party. This includes all copies, abstracts, compilations, summaries or any
other form of reproducing or capturing any information covered by this Order. With permission in writing
from the Producing Party, the Receiving Party may destroy some or all of the information instead of

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returning it. Whether the information is returned or destroyed, the Receiving Party must submit a written
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certification to the Producing Party by the sixty day deadline that identifies the information that was
returned or destroyed and that affirms that the Receiving Party has not retained any copies, abstracts,
compilations, summaries or other forms of reproducing or capturing any of the information covered by this
Order. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings,
motion papers, transcripts, legal memoranda, correspondence or attorney work product.
9.

MISCELLANEOUS
9.1 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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9.2 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 addressed in

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this Stipulated Protective Order. Similarly, this Protective Order does not limit the Parties’ right to object

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PROTECTIVE ORDER

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on any ground to use in evidence any of the material covered by this Protective Order.
9.3 Documents to be Controlled by Receiving Party. The Receiving party agrees to control
Discovery Material that he/she receives. The Receiving Party agrees not to upload or post any Discovery
Material to any online website and not to disclose any Discovery Material to any news organization.
IT IS SO STIPULATED.
Dated: February 26, 2020

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ANGELO, KILDAY & KILDUFF, LLP
/s/ Derick E. Konz
By ______________________________
Derick Konz
Attorneys for Defendants

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Dated: February 26, 2020

THE SEHAT LAW FIRM, P.L.C.
/s/ Cameron Sehat (as authorized on 9/10/20)
By ______________________________
Cameron Sehat
Attorney for Plaintiff

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ORDER
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Having considered the stipulation of the parties and good cause appearing, the court hereby
GRANTS the parties’ foregoing stipulation for protective order.

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IT IS SO ORDERED.

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Dated: September 14, 2020
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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PROTECTIVE ORDER