Clark, et al v. State of California, et al

Filing 396

STIPULATION AND PROTECTIVE ORDER. Signed by Judge Vadas on April 12, 2010. (cmw, COURT STAFF) (Filed on 4/12/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EDMUND G. BROWN JR. Attorney General of California JONATHAN L. WOLFF Senior Assistant Attorney General MICHAEL QUINN Deputy Attorney General DANIELLE F. O'BANNON Deputy Attorney General JULIANNE MOSSLER Deputy Attorney General JOSE A. ZELIDON-ZEPEDA Deputy Attorney General State Bar No. 227108 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5781 Fax: (415) 703-5843 E-mail: Jose.ZelidonZepeda@doj.ca.gov Attorneys for Defendants State of California, et al. PRISON LAW OFFICE DONALD SPECTER 83925 SARA NORMAN - 189536 SUSAN CHRISTIAN - 121210 PENNY GODBOLD - 226925 ZOE SCHONFELD - 243755 General Delivery San Quentin, California 94964 Telephone: (510) 280-2621 Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DERRICK CLARK, et al., C 96-1486 CRB Plaintiffs, JOINT STIPULATION AND PROTECTIVE ORDER Date: Time: Courtroom: Judge v. April 26, 2010 9:30 a.m. STATE OF CALIFORNIA, et al., 8, 19th Floor The Honorable Charles R. Defendants. Breyer Action Filed: April 22, 1996 1 Jt. Stip. and Protective Order Clark v. California, et al (C 96-1486 CRB) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. SUBJECT TO THE APPROVAL OF THE COURT, THE PARTIES HEREBY STIPULATE that the following provisions shall apply to unredacted inmate declarations obtained by Defendants from Plaintiffs in connection with discovery in this action, as addressed in Magistrate Judge Nandor Vadas' March 10, 2010 order in this case. 1. The identities and CDCR numbers of the inmates obtained by Defendants from Plaintiffs through the specified declarations shall be regarded as confidential attorney's eyes only and subject to this Protective Order. 2. The confidential - attorney's eyes only material may be disclosed only to the following persons: a. Compliance; b. c. Paralegal, clerical, and other personnel regularly employed by counsel of record; Court personnel and stenographic reporters engaged in such proceedings as are incidental to proceedings in this action; d. Any expert or consultant retained by either party or the Court for purposes of this action; e. f. Court reporter(s) employed in this action; Witnesses to whom the confidential material may be disclosed during a deposition taken in this matter provided that the witnesses may not leave any deposition with any copies of any of the confidential material, and shall be informed of and agree to be bound by the terms of this Order; and g. Any other person as to whom the parties in writing agree. Counsel for the parties in this action, and Julian Martinez, from the Office of Court Each person to whom disclosure of the names and/or CDCR numbers of the inmates named in the declarations specified above shall, prior time of disclosure, be made aware of, and agree to abide by, the terms of this Protective Order. 4. All confidential - attorney's eyes only material shall be used solely in connection with the above-captioned action and not for any other purpose, including other litigation. 5. All material designated confidential-attorney's eyes under this Protective Order shall used 2 Jt. Stip. and Protective Order Clark v. California, et al (C 96-1486 CRB) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 solely in connection with the above-captioned action and not for any other purpose, including other ligitation. 6. Plaintiffs' and Defendants' counsel, and their staff, experts and consultants shall not make copies of confidential- attorney's eyes only material except as necessary for purposes of this action. 7. If confidential - attorney's eyes only material, as defined in this Protective Order, including any portion of a deposition transcript designated as confidential or attorney's eyes only, is included in any papers to be filed with the Court, such papers shall be labeled "ConfidentialSubject to Court Order" and filed under seal until further order of this Court. 8. At the conclusion of this action, all confidential material covered by this Protective Order, including all copies, will be destroyed. 9. The provisions of the Order shall remain in full force and effect until this Court orders otherwise. /// /// 3 Jt. Stip. and Protective Order Clark v. California, et al (C 96-1486 CRB) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. This Protective Order does not supersede any prior protective order that may have been entered by the Court, and is not intended to limit the use of either party of documents obtained through other means. 11. The parties' agreement to this Protective Order does not indicate an agreement that such a protective order is necessary or warranted under the relevant legal standards. SO STIPULATED: Dated. April 7, 2010 EDMUND G. BROWN JR. Attorney General of California /s/ Jose A. Zelidon-Zepeda JOSE A. ZELIDON-ZEPEDA Deputy Attorney General Attorneys for Defendants Dated: April 7, 2010 PRISON LAW OFFICE /s/ Sara Norman Sara Norman Attorneys for Plaintiffs In accordance with the parties' stipulation, IT IS SO ORDERED. Dated: April 12, 2010 ________________________________ The Honorable Nandor Vadas United States Magistrate Judge 4 Jt. Stip. and Protective Order Clark v. California, et al (C 96-1486 CRB)

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