Beckway v. DeShong et al

Filing 207

STIPULATION AND PROTECTIVE ORDER. Signed by Judge Elizabeth D Laporte on 08/31/2011. (kns, COURT STAFF) (Filed on 9/1/2011)

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CHARLES F. BOURDON, State Bar #84782
Law Offices of Charles F. Bourdon
179 - 11th Street, 2nd Floor
San Francisco, CA 94103
415-864-5100
415-865-0376 (fax)

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BARON J. DREXEL, State Bar #132529
Law Offices of Baron J. Drexel
212 Ninth Street, Suite 401
Oakland, CA 94607
510-444-3184 (phone)
510-444-3181 (fax)

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Attorneys for Plaintiff

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MARK A. JONES, State Bar #96494
KRISTEN K. PRESTON, State Bar #125455
JONES & DYER
A Professional Corporation
1800 J Street
Sacramento, California 95811
Telephone: [phone]
Fax: [phone]

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Attorneys for: Defendants County of Lake, County of Lake Sheriff’s Department,
Sheriff Rodney Mitchell and Deputy Richard Ward

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TERENCE J. CASSIDY, State Bar #99180
JOHN R. WHITEFLEET, State Bar #213301
PORTER | SCOTT
350 University Avenue, Suite 200
Sacramento, California 95825
Telephone: [phone]
Fax: [phone]
Attorneys for: Defendant Deputy Paul DeShong

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
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BRENT BECKWAY,
Plaintiff ,

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vs.

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DEPUTY PAUL DESHONG, DOES 1 through 10,
inclusive, SHERIFF RODNEY K. MITCHELL,
COUNTY OF LAKE SHERIFF’S DEPARTMENT
and COUNTY OF LAKE,

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Defendants.
_________________________________________

) NO. C 07 5072 TEH (EDL)
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) STIPULATION AND PROTECTIVE
) ORDER
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CASE NO. C-07-5072 TEH
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It is hereby stipulated by and between all the parties to this action by and through their

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respective attorneys of record, that in order to protect the confidentiality of the records described

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below, any of said records disclosed pursuant to court order following the court’s in camera review

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are subject to a protective order (and designated as “Confidential Material”) as follows:

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1.

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The following records are designated as “Confidential Material”:
a.

County of Lake employment records of Richard Ward and/or Paul DeShong to

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the extent such records are ordered by the court to be produced after

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completion of the court’s in camera review of the records submitted by

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Defendant County of Lake.

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2.

Confidential Material shall be used solely in connection with this litigation, the

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preparation of trial, and trial in this case, subject to the rules of admissibility, or any related appellate

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proceedings, and not for any other purpose, including any other litigation.

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3.

Confidential Material may not be disclosed except as set forth in paragraphs 4 and 5.

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4.

Confidential Material may be disclosed only to the following persons:

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a.

Counsel for any party to this action.

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b.

Paralegal, stenographic, clerical and secretarial personnel regularly employed

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by counsel referred to in 4(a);

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c.

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Court personnel including stenographic reporters engaged in such proceedings
as are necessarily incidental to preparation for the trial of this action;

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d.

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Any outside expert or consultant retained in connection with this action, and
not otherwise employed by either party;

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e.

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Any “in house” expert designated by Defendants to testify at trial in this
matter;

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f.

Persons shown on the face of the document to have authored or received it;

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g.

Any Neutral Evaluator or other designated ADR provider;

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h.

Such other persons as the parties may mutually agree;

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///

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///

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i.

Witnesses who may have the document disclosed to them during deposition

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proceedings; the witness may not leave the deposition with copies of the

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documents, and shall be bound by the provisions of paragraph 5; and

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j.

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Investigators for any party to this action.

Nothing in this paragraph 4 is intended to prevent officials or employees of the County of

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Lake, or other authorized government officials from having access to the documents if they would

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have had access in the normal course of their job duties. Further, nothing in this order prevents a

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witness from disclosing event or activities personal to them, i.e., a witness can disclose to others

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previous information given to the County of Lake with respect to what she/he saw, heard, or

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otherwise sensed.

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5.

Each person to whom disclosure is made, with the exception of counsel who are

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presumed to know of the contents of this protective order, shall, prior to disclosure: (1) be provided

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with a copy of this order by the person furnishing him/her such material, and (2) agree on the record

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or in writing by signing the “Acknowledgment and Agreement To Be Bound” (Exhibit “A”) that

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she/he has read the protective order and that she/he understands the provisions of the protective

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order. Such person must also consent to be subject to the jurisdiction of the United States District

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Court, Northern District, with respect to any proceeding relating to the enforcement of this order.

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Defendant County of Lake shall be entitled to retain possession of the original writings described

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above.

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6.

Filing Protected Material. Without written permission from all parties or a court order

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

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action any Confidential Material. A Party that seeks to file under seal any Confidential Material must

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comply with Civil Local Rule 79-5. Confidential Material may only be filed under seal pursuant to a

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court order authorizing the sealing of the specific Confidential Material at issue. Pursuant to Civil Local

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Rule 79-5, a sealing order will issue only upon a request establishing that the Confidential Material at

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issue is privileged or otherwise entitled to protection under the law. If a Receiving Party's request to file

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Protected Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then the

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Receiving Party may file the information in the public record pursuant to Civil Local Rule 79-5(e) unless

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otherwise instructed by the court.

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At the conclusion of the trial and of any appeal or upon other termination of this

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litigation, all Confidential Material received under the provisions of this order (including any copies

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made) shall be delivered back to the County of Lake. Provisions of this order insofar as they restrict

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disclosure and use of the material shall be in effect until all Confidential Material (including all

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copies thereof) are returned to Defendants.

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8.

Any document filed with the Court that reveals Confidential Material shall be filed

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under seal, labeled with a cover sheet as follows: “Brent Beckway v. Deputy Paul DeShong, et al.,

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United States District Court, Northern District, Case No. C-07-5072 TEH. This document is subject

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to a protective order issued by the Court and may not be copied or examined except in compliance

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with that order.” Documents so labeled shall be kept by the Clerk under seal and shall be made

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available only to the Court or counsel. Upon failure of the party to so file a document under seal, the

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producing party may request that the Court place the filing under seal.

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9.

Nothing in this order shall preclude a party from showing or disclosing any

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documents, e.g., deposition transcripts, pleadings or briefs, which otherwise contain Confidential

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Material as defined in paragraph 1, as long as such document has been redacted so as to prevent

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disclosure of such Confidential Material.

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10.

The foregoing is without prejudice to the right of any party (a) to apply to the Court

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for a further protective order relating to any other Confidential Material or relating to discovery in

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this litigation; (b) to apply to the Court for an order removing the Confidential Material designation

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from any document; and (c) to apply to the Court for an order compelling production of documents

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or modification of this order or for any order permitting designation of addition materials as

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“Confidential Materials” or disclosure of Confidential Materials beyond the terms of this order.

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LAW OFFICES OF BARON J. DREXEL
LAW OFFICES OF CHARLES F. BOURDON

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By:
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/s/ Baron J. Drexel
BARON J. DREXEL
CHARLES F. BOURDON
Attorneys for Plaintiff

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Dated: 8-30-11
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JONES & DYER
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By:
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/s/ Mark A. Jones
MARK A. JONES
KRISTEN K. PRESTON
Attorneys for Defendants County of Lake,
County of Lake Sheriff’s Department, Sheriff
Rodney Mitchell and Deputy Richard Ward

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PORTER | SCOTT

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By:

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/s/ John R. Whitefleet
TERENCE J. CASSIDY
JOHN R. WHITEFLEET
Attorneys for Defendant Paul Deshong

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ORDER
The Court having considered the foregoing stipulation of the parties, and good cause

16 appearing, the Court hereby orders that any and all employment records of Richard Ward and/or Paul
17 DeShong ordered produced to the plaintiff by the County of Lake upon completion of the court’s in
18 camera review of such records be subject to a protective order fully incorporating the provisions set
19 forth above. Any party that seeks to file under seal any Confidential Material must comply with Local
20 Rule 79-5.
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Pursuant to stipulation, it is so ordered.
August 31, 2011
Dated: _____________________

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_____________________________________
HON. ELIZABETH D. LAPORTE
United States Magistrate Judge

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, _______________________ [print or type full name], of ___________________ [print or

4 type full address], declare under penalty of perjury that I have read in its entirety and understand the
5 Stipulated Protective Order that was issued by the United States District Court for the Northern
6 District of California on _____________[date] in the case of Beckway v. DeShong, et al. , Case No.
7 C 07 5072 TEH (EDL). I agree to comply with and to be bound by all the terms of this Stipulated
8 Protective Order and I understand and acknowledge that failure to so comply could expose me to
9 sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any
10 manner any information or item that is subject to this Stipulated Protective Order to any person or
11 entity except in strict compliance with the provisions of this Order.
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I further agree to submit the jurisdiction of the United States District Court for the Northern

13 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even
14 such enforcement proceedings occur after termination of this action.
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I hereby appoint ________________________________[print or type full name] of

16 ________________________[print or type full address and telephone number] as my California agent
17 for service of process in connection with this action or any proceedings related to enforcement of this
18 Stipulated Protective Order.
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20 Date:___________________________
21 City and State where sworn and signed:__________________________
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Printed Name:__________________________________
[printed name]

24 Signature:______________________________________
[signature]
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