Alemozaffar v. City and County of San Francisco et al

Filing 116

ORDER GRANTING 115 Stipulation RE: GAG ORDER. Signed by Judge Jeffrey S. White on 4/14/09. (jjo, COURT STAFF) (Filed on 4/14/2009)

Case 3:07-cv-04494-JSW

Document 115

Filed 04/13/2009

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy SCOTT D. WIENER, State Bar #189266 DANIEL A. ZAHEER, State Bar #237118 Deputy City Attorney Fox Plaza 1390 Market Street, 6th Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MEHRDAD ALEMOZAFFAR, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation; JESSE SERNA, individually and in his official capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO; GARY MORIYAMA, individually and in his official capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO; J MCGRATH, individually and in his official capacity as a police officer for the CITY AND COUNTY OF SAN FRANCISCO; J. REYMUNDO, individually and in his official capacity as a deputy sheriff officer for the CITY AND COUNTY OF SAN FRANCISCO; G. COVIELLO, , individually and in his official capacity as a deputy sheriff officer for the CITY AND COUNTY OF SAN FRANCISCO. Defendants. Case No. C07-4494 JSW STIPULATION AND [PROPOSED] GAG ORDER Date Action Filed: Trial Date: July 20, 2007 June 15, 2009

STIPULATION & [PROPOSED] GAG ORDER
Alemozaffar v. CCSF, et al. ­ USDC No. C07-4494 JSW

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Case 3:07-cv-04494-JSW

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WHEREAS defendants have moved this Court for an order preventing the parties from engaging in communications with the media and from making extrajudicial statements; WHEREAS subsequent to defendants' filing of the motion, the parties have met and conferred in an effort to come to an agreement regarding the language and scope of the proposed gag order; AND WHEREAS the parties have endeavored to produce a proposed order that is consistent with existing precedent, including Levine v. District Court, 764 F.2d 590 (9th Cir. 1985). THE PARTIES HEREBY AGREE AND STIPULATE, subject to the Court's approval, to the following order:

The parties and their attorneys in this matter shall not communicate with the media or make any extra-judicial public statements regarding this case or Defendant Officer Jesse Serna, relating to one or more of the following subjects: (1) The character, credibility, or reputation of a party; (2) The identity of a witness or the expected testimony of a party or a witness; (3) The contents of any pretrial confession, admission, or statement given by a party or witness or that person's refusal or failure to make a statement; (4) The identity or nature of physical evidence expected to be presented or the absence of such physical evidence; (5) The strengths or weaknesses of the case of either party; (6) Allegations of misconduct or citizen complaints against any defendant, including OCC complaints and lawsuits; (7) Any employer-imposed discipline, sanction or remedial measure that has been or could be taken against any defendant; (8) The parties' past, present or future settlement negotiations or positions in this case; (9) Any City or County policy, custom or practice that is or may become at issue in this case;

STIPULATION & [PROPOSED] GAG ORDER
Alemozaffar v. CCSF, et al. ­ USDC No. C07-4494 JSW

n:\lit\li2007\080046\00550356.doc

Case 3:07-cv-04494-JSW

Document 115

Filed 04/13/2009

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(10) Any other information the lawyer or party knows or reasonably should know is likely to be inadmissible as evidence or would create a substantial likelihood of material prejudice if disclosed. This order shall remain in force during the pendency of this action or until further order of this Court. No person covered by this order shall avoid its effects by indirectly but deliberately taking actions which bring about a violation of the order. The hearing on defendants' gag order motion, scheduled for April 16, 2009, is off calendar. Dated: April 13, 2009 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy SCOTT D. WIENER DANIEL A. ZAHEER Deputy City Attorney - /s/ - Daniel A. Zaheer By: DANIEL A. ZAHEER Attorneys for Defendants Dated: April 13, 2009 LAW OFFICES OF SANFORD M. CIPINKO - /s/ - Jeremy Cloyd By: JEREMY CLOYD Attorneys for Plaintiff MEHRDAD ALEMOZAFFAR *Pursuant to GO 45, the electronic signatory has obtained approval from this signatory. PURSUANT TO STIPULATION, IT IS SO ORDERED.

April 14, 2009 Dated: __________________

_______________________________________ HON. JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE
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STIPULATION & [PROPOSED] GAG ORDER
Alemozaffar v. CCSF, et al. ­ USDC No. C07-4494 JSW