Hill v. Star et al
Filing
56
STIPULATION AND ORDER re 55 STIPULATED PROTECTIVE ORDER filed by Arnold Star, Sanchez. Signed by Judge Edward M. Chen on 4/2/13. (bpf, COURT STAFF) (Filed on 4/2/2013)
1
2
3
4
5
6
7
DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
NEWTON OLDFATHER, State Bar #271287
Deputy City Attorney
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone:
(415) 554-4283
Facsimile:
(415) 554-3837
E-Mail:
newton.oldfather@sfgov.org
8
9
Attorneys for Defendants
DEPUTY ARNOLD AND SERGEANT SANCHEZ
10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
13
14
TION ALONZO HILL, SR.,
Plaintiff,
15
16
17
18
Case No.
v.
C09-05434 EMC
STIPULATED [PROPOSED]
PROTECTIVE ORDER
Date Action Filed:
Trial Date:
DEPUTY ARNOLD et al.,
November 17, 2009
None Set
Defendant.
19
PURPOSES AND LIMITATIONS
20
Disclosure and discovery activity in this action are likely to involve production of
21
confidential, proprietary, and private information for which special protection from public
22
disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
23
Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated
24
Protective Order. The parties acknowledge that this Order does not confer blanket protections on
25
all disclosures or responses to discovery and that the protection it affords from public disclosure
26
and use extends only to the limited information or items that are entitled to confidential treatment
27
under the applicable legal principles. The parties further acknowledge, as set forth in Section
28
Stipulated [Proposed] Protective Order
Hill v. Deputy Arnold et al., USDC No. C09-5434 EMC
1
1
12.3, below, that this Stipulated Protective Order does not entitle them to file confidential
2
information under seal; Civil Local Rule 79-5 and General Order 62 set forth the procedures that
3
must be followed and the standards that will be applied when a party seeks permission from the
4
court to file material under seal.
2. DEFINITIONS
5
6
7
2.1 Challenging Party: a Party or Non-Party that challenges the designation of
information or items under this Order.
8
2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is
9
generated, stored or maintained) or tangible things that qualify for protection under Federal Rule
10
of Civil Procedure 26(c).
11
12
13
2.3 Counsel (without qualifier): Outside Counsel of Record (as well as their support
staff).
2.4 Designating Party: a Party or Non-Party that designates information or items that it
14
produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY
15
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
16
2.5 Disclosure or Discovery Material: all items or information, regardless of the medium
17
or manner in which it is generated, stored, or maintained (including, among other things,
18
testimony, transcripts, and tangible things), that are produced or generated in disclosures or
19
responses to discovery in this matter.
20
2.6 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”: extremely sensitive
21
information or items, disclosure of which to another Party or Non-party would create a substantial
22
risk of serious harm that could not be avoided by less restrictive means.
23
2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the
24
litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
25
consultant in this action.
26
27
28
2.8 Non-Party: any natural person, partnership, corporation, association, or other legal
entity not named as a Party to this action.
2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action
Stipulated [Proposed] Protective Order
Hill v. Deputy Arnold et al., USDC No. C09-5434 EMC
2
1
but are retained to represent or advise a party to this action and have appeared in this action on
2
behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
3
4
5
6
7
2.10 Party: any party to this action, including all of its officers, directors, employees,
consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
Material in this action.
2.12 Professional Vendors: persons or entities that provide litigation support services
8
(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and
9
organizing, storing, or retrieving data in any form or medium) and their employees and
10
11
12
13
14
15
subcontractors.
2.13 Protected Material: any Disclosure or Discovery Material that is designated as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a
Producing Party.
3. SCOPE
16
The protections conferred by this Stipulation and Order cover not only Protected Material
17
(as defined above), but also (1) any information copied or extracted from Protected Material; (2)
18
all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
19
conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
20
However, the protections conferred by this Stipulation and Order do not cover the following
21
information: (a) any information that is in the public domain at the time of disclosure to a
22
Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as
23
a result of publication not involving a violation of this Order, including becoming part of the
24
public record through trial or otherwise; and (b) any information known to the Receiving Party
25
prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who
26
obtained the information lawfully and under no obligation of confidentiality to the Designating
27
Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.
28
Stipulated [Proposed] Protective Order
Hill v. Deputy Arnold et al., USDC No. C09-5434 EMC
3
4. DURATION
1
2
Even after final disposition of this litigation, the confidentiality obligations imposed by
3
this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court
4
order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all
5
claims and defenses in this action, with or without prejudice; and (2) final judgment herein after
6
the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
7
including the time limits for filing any motions or applications for extension of time pursuant to
8
applicable law.
9
5. DESIGNATING PROTECTED MATERIAL
10
5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or
11
Non-Party that designates information or items for protection under this Order must take care to
12
limit any such designation to specific material that qualifies under the appropriate standards. The
13
Designating Party must designate for protection only those parts of material, documents, items, or
14
oral or written communications that qualify – so that other portions of the material, documents,
15
items, or communications for which protection is not warranted are not swept unjustifiably within
16
the ambit of this Order. Mass, indiscriminate, or routinized designations are prohibited.
17
Designations that are shown to be clearly unjustified or that have been made for an improper
18
purpose (e.g., to unnecessarily encumber or retard the case development process or to impose
19
unnecessary expenses and burdens on other parties) expose the Designating Party to sanctions.
20
If it comes to a Designating Party’s attention that information or items that it designated
21
for protection do not qualify for protection, that Designating Party must promptly notify all other
22
Parties that it is withdrawing the mistaken designation.
23
5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see,
24
e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure
25
of Discovery Material that qualifies for protection under this Order must be clearly so designated
26
before the material is disclosed or produced.
27
Designation in conformity with this Order requires:
28
(a) for information in documentary form (e.g., paper or electronic documents, but
Stipulated [Proposed] Protective Order
Hill v. Deputy Arnold et al., USDC No. C09-5434 EMC
4
1
excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing
2
Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
3
EYES ONLY” to each page that contains protected material. If only a portion or portions of the
4
material on a page qualifies for protection, the Producing Party also must clearly identify the
5
protected portion(s) (e.g., by making appropriate markings in the margins).
6
A Party or Non-Party that makes original documents or materials available for inspection
7
need not designate them for protection until after the inspecting Party has indicated which
8
material it would like copied and produced. During the inspection and before the designation, all
9
of the material made available for inspection shall be deemed “CONFIDENTIAL” or “HIGHLY
10
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the
11
documents it wants copied and produced, the Producing Party must determine which documents,
12
or portions thereof, qualify for protection under this Order. Then, before producing the specified
13
documents, the Producing Party must affix the “CONFIDENTIAL” or “HIGHLY
14
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to each page that contains Protected
15
Material. If only a portion or portions of the material on a page qualifies for protection, the
16
Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
17
markings in the margins).
18
(b) for testimony given in deposition or in other pretrial or trial proceedings, that the
19
Designating Party identify on the record, within 15 days of the close of the deposition, hearing, or
20
other proceeding, all protected testimony.
21
(c) for information produced in some form other than documentary and for any other
22
tangible items, that the Producing Party affix in a prominent place on the exterior of the container
23
or containers in which the information or item is stored the legend “CONFIDENTIAL” or
24
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions of
25
the information or item warrant protection, the Producing Party, to the extent practicable, shall
26
identify the protected portion(s).
27
5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
28
designate qualified information or items does not, standing alone, waive the Designating Party’s
Stipulated [Proposed] Protective Order
Hill v. Deputy Arnold et al., USDC No. C09-5434 EMC
5
1
right to secure protection under this Order for such material. Upon timely correction of a
2
designation, the Receiving Party must make reasonable efforts to assure that the material is
3
treated in accordance with the provisions of this Order.
4
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
5
6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
6
confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
7
designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
8
burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
9
challenge a confidentiality designation by electing not to mount a challenge promptly after the
10
11
original designation is disclosed.
6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process
12
by providing written notice of each designation it is challenging and describing the basis for each
13
challenge. The parties shall attempt to resolve each challenge in good faith and must begin the
14
process by conferring directly (in voice to voice dialogue; other forms of communication are not
15
sufficient) within 14 days of the date of service of notice. In conferring, the Challenging Party
16
must explain the basis for its belief that the confidentiality designation was not proper and must
17
give the Designating Party an opportunity to review the designated material, to reconsider the
18
circumstances, and, if no change in designation is offered, to explain the basis for the chosen
19
designation. A Challenging Party may proceed to the next stage of the challenge process only if it
20
has engaged in this meet and confer process first or establishes that the Designating Party is
21
unwilling to participate in the meet and confer process in a timely manner.
22
6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court
23
intervention, the Challenging Party shall file and serve a motion to challenge confidentiality
24
under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5 and General Order 62, if
25
applicable) within 14 days of the parties agreeing that the meet and confer process will not
26
resolve their dispute. Each such motion must be accompanied by a competent declaration
27
affirming that the movant has complied with the meet and confer requirements imposed in the
28
preceding paragraph. Failure by the Challenging Party to make such a motion including the
Stipulated [Proposed] Protective Order
Hill v. Deputy Arnold et al., USDC No. C09-5434 EMC
6
1
required declaration within 21 days (or 14 days, if applicable) shall automatically waive the
2
challenge to the designation.
3
4
All parties shall continue to afford the material in question the level of protection to which
it is entitled under the Producing Party’s designation until the court rules on any challenge.
7. ACCESS TO AND USE OF PROTECTED MATERIAL
5
6
7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
7
produced by another Party or by a Non-Party in connection with this case only for prosecuting,
8
defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
9
the categories of persons and under the conditions described in this Order. When the litigation has
10
been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
11
DISPOSITION).
12
Protected Material must be stored and maintained by a Receiving Party at a location and
13
in a secure manner that ensures that access is limited to the persons authorized under this Order.
14
7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by
15
the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
16
information or item designated “CONFIDENTIAL” only to:
17
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees
18
of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information
19
for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that
20
is attached hereto as Exhibit A;
21
(b) the officers, directors, and employees of the Receiving Party to whom disclosure is
22
reasonably necessary for this litigation and who have signed the “Acknowledgment and
23
Agreement to Be Bound” (Exhibit A);
24
(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
25
reasonably necessary for this litigation and who have signed the “Acknowledgment and
26
Agreement to Be Bound” (Exhibit A);
27
(d) the court and its personnel;
28
(e) professional jury or trial consultants, mock jurors, and Professional Vendors to whom
Stipulated [Proposed] Protective Order
Hill v. Deputy Arnold et al., USDC No. C09-5434 EMC
7
1
disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment
2
and Agreement to Be Bound” (Exhibit A) (for clarity, no Acknowledgment is necessary for court
3
reporters, videographers, or their staff);
4
(f) during their depositions, witnesses in the action to whom disclosure is reasonably
5
necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
6
unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed
7
deposition testimony or exhibits to depositions that reveal Protected Material must be separately
8
bound by the court reporter and may not be disclosed to anyone except as permitted under this
9
Stipulated Protective Order;
10
11
12
(g) the author or recipient of a document containing the information or a custodian or
other person who otherwise possessed or knew the information; and
(h) Plaintiff; however, Plaintiff's counsel may not provide originals or copies of the
13
CONFIDENTIAL Information to plaintiff for his own retention during the course of this
14
litigation, but may show documents containing CONFIDENTIAL Information to Plaintiff. Prior
15
to being shown any confidential information, Plaintiff must execute the “Acknowledgment and
16
Agreement to Be Bound” (Exhibit A). Plaintiff shall be bound by this Protective Order to the
17
same extent as Plaintiff's counsel, and may not exhibit, discuss, and/or disclose CONFIDENTIAL
18
Information to any individual other than Plaintiff's counsel and those experts, investigators or
19
consultants retained by Plaintiff’s counsel who have agreed to be bound by this Protective
20
Order and executed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
21
7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
22
Information or Items. Unless otherwise ordered by the court or permitted in writing by the
23
Designating Party, a Receiving Party may disclose any information or item designated
24
“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
25
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees
26
of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information
27
for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound”
28
(Exhibit A);
Stipulated [Proposed] Protective Order
Hill v. Deputy Arnold et al., USDC No. C09-5434 EMC
8
1
(b) Experts (as defined in this Order) of the Receiving Party (1) to whom disclosure is
2
reasonably necessary for this litigation and (2) who have signed the “Acknowledgment and
3
Agreement to Be Bound” (Exhibit A);
4
(c) the court and its personnel;
5
(d) professional jury or trial consultants, mock jurors, and Professional Vendors to whom
6
disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment
7
and Agreement to Be Bound” (Exhibit A) (for clarity, no Acknowledgment is necessary for court
8
reporters, videographers, or their staff);
9
(e) during their depositions, witnesses in the action to whom disclosure is reasonably
10
necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
11
unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed
12
deposition testimony or exhibits to depositions that reveal Protected Material must be separately
13
bound by the court reporter and may not be disclosed to anyone except as permitted under this
14
Stipulated Protective Order; and
15
16
17
(f) the author or recipient of a document containing the information or a custodian or
other person who otherwise possessed or knew the information.
Notwithstanding the forgoing provisions of this Section 7, Outside Counsel of Record
18
may summarize facts contained in "Highly Confidential -- Attorneys' Eyes Only" materials to the
19
plaintiff and defendants, so long as any such summary does not reveal personal information about
20
plaintiff or defendants, including but not limited to schedules, home addresses, family members,
21
or other personal private information, and so long as such summaries do not reveal non-public
22
information about jail procedures or security measures.
23
24
25
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation that compels
26
disclosure of any information or items designated in this action as “CONFIDENTIAL” or
27
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that Party must:
28
(a) promptly notify in writing the Designating Party. Such notification shall include a
Stipulated [Proposed] Protective Order
Hill v. Deputy Arnold et al., USDC No. C09-5434 EMC
9
1
copy of the subpoena or court order;
2
(b) promptly notify in writing the party who caused the subpoena or order to issue in the
3
other litigation that some or all of the material covered by the subpoena or order is subject to this
4
Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
5
6
7
(c) cooperate with respect to all reasonable procedures sought to be pursued by the
Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with the
8
subpoena or court order shall not produce any information designated in this action as
9
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a
10
determination by the court from which the subpoena or order issued, unless the Party has obtained
11
the Designating Party’s permission. The Designating Party shall bear the burden and expense of
12
seeking protection in that court of its confidential material – and nothing in these provisions
13
should be construed as authorizing or encouraging a Receiving Party in this action to disobey a
14
lawful directive from another court.
15
9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
LITIGATION
16
17
(a) The terms of this Order are applicable to information produced by a Non-Party in this
18
action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
19
EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is
20
protected by the remedies and relief provided by this Order. Nothing in these provisions should
21
be construed as prohibiting a Non-Party from seeking additional protections.
22
(b) In the event that a Party is required, by a valid discovery request, to produce a Non-
23
Party’s confidential information in its possession, and the Party is subject to an agreement with
24
the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
25
(1) promptly notify in writing the Requesting Party and the Non-Party that some
26
or all of the information requested is subject to a confidentiality agreement with a Non-
27
Party;
28
(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order
Stipulated [Proposed] Protective Order
Hill v. Deputy Arnold et al., USDC No. C09-5434 EMC
10
1
in this litigation, the relevant discovery request(s), and a reasonably specific description of
2
the information requested; and
3
(3) make the information requested available for inspection by the Non-Party.
4
(c) If the Non-Party fails to object or seek a protective order from this court within 14
5
days of receiving the notice and accompanying information, the Receiving Party may produce the
6
Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely
7
seeks a protective order, the Receiving Party shall not produce any information in its possession
8
or control that is subject to the confidentiality agreement with the Non-Party before a
9
determination by the court.1 Absent a court order to the contrary, the Non-Party shall bear the
10
burden and expense of seeking protection in this court of its Protected Material.
10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
11
12
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
13
Material to any person or in any circumstance not authorized under this Stipulated Protective
14
Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the
15
unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
16
Protected Material, (c) inform the person or persons to whom unauthorized disclosures were
17
made of all the terms of this Order, and (d) request such person or persons to execute the
18
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
19
11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL
20
When a Producing Party gives notice to Receiving Parties that certain inadvertently
21
produced material is subject to a claim of privilege or other protection, the obligations of the
22
Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This
23
provision is not intended to modify whatever procedure may be established in an e-discovery
24
order that provides for production without prior privilege review. Pursuant to Federal Rule of
25
Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a
26
1
27
28
The purpose of this provision is to alert the interested parties to the existence of
confidentiality rights of a Non-Party and to afford the Non-Party an opportunity to protect its
confidentiality interests in this court.
Stipulated [Proposed] Protective Order
Hill v. Deputy Arnold et al., USDC No. C09-5434 EMC
11
1
communication or information covered by the attorney-client privilege or work product
2
protection, the parties may incorporate their agreement in the stipulated protective order
3
submitted to the court.
12. MISCELLANEOUS
4
5
6
7
12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek
its modification by the court in the future.
12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order
8
no Party waives any right it otherwise would have to object to disclosing or producing any
9
information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
10
Party waives any right to object on any ground to use in evidence of any of the material covered
11
by this Protective Order.
12
12.3 Filing Protected Material. Without written permission from the Designating Party or
13
a court order secured after appropriate notice to all interested persons, a Party may not file in the
14
public record in this action any Protected Material. A Party that seeks to file under seal any
15
Protected Material must comply with Civil Local Rule 79-5 and General Order 62. Protected
16
Material may only be filed under seal pursuant to a court order authorizing the sealing of the
17
specific Protected Material at issue. Pursuant to Civil Local Rule 79-5 and General Order 62, a
18
sealing order will issue only upon a request establishing that the Protected Material at issue is
19
privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a
20
Receiving Party's request to file Protected Material under seal pursuant to Civil Local Rule 79-
21
5(d) and General Order 62 is denied by the court, then the Receiving Party may file the
22
information in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed
23
by the court.
24
25
13. FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in paragraph 4, each
26
Receiving Party must return all Protected Material to the Producing Party or destroy such
27
material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,
28
compilations, summaries, and any other format reproducing or capturing any of the Protected
Stipulated [Proposed] Protective Order
Hill v. Deputy Arnold et al., USDC No. C09-5434 EMC
12
1
Material. Whether the Protected Material is returned or destroyed, the Receiving Party must
2
submit a written certification to the Producing Party (and, if not the same person or entity, to the
3
Designating Party) by the 60 day deadline that (1) identifies (by category or Bates range) all the
4
Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has not
5
retained any copies, abstracts, compilations, summaries or any other format reproducing or
6
capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to
7
retain an archival and any electronic document management system copies of all pleadings,
8
motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
9
deposition and trial exhibits, expert reports, attorney work product, and consultant and expert
10
work product, even if such materials contain Protected Material. Any such archival copies that
11
contain or constitute Protected Material remain subject to this Protective Order as set forth in
12
Section 4 (DURATION).
13
14
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: April 1, 2013
15
/s/ L. Scott Oliver (with permission)
L. Scott Oliver
Morrison & Foerster LLP
Attorney for Tion Alonzo Hill
16
17
18
DATED: April 1, 2013
19
/s/ Newton Oldfather
Newton Oldfather
Deputy City Attorney
Attorney for City and County of San Francisco
20
21
PURSUANT TO STIPULATION, IT IS SO ORDERED.
23
4/2/13
HONORABLE EDWARD M. CHEN
United States District Judge
ER
R NIA
FO
J
H
Stipulated [Proposed] Protective Order
Hill v. Deputy Arnold et al., USDC No. C09-5434 EMC
RT
28
. Chen
ward M
udge Ed
NO
27
A
26
DERED
O OR
IT IS S
LI
UNIT
ED
25
DATED:
S DISTRICT
TE
C
TA
RT
U
O
24
S
22
N
D IS T IC T
R
OF
C
13
1
2
EXHIBIT A
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
Stipulated [Proposed] Protective Order
Hill v. Deputy Arnold et al., USDC No. C09-5434 EMC
1
1
2
3
AGREEMENT TO COMPLY WITH STIPULATED PROTECTIVE ORDER FOR
CONFIDENTIAL INFORMATION
4
5
6
I,
CONFIDENTIAL INFORMATION. I agree to abide by all terms of the Order. In addition, I
specifically understand and agree to the following:
7
1. I will not disclose the CONFIDENTIAL INFORMATION to any other person.
8
9
2. I understand that I have no power to authorize any other person to review the
CONFIDENTIAL INFORMATION.
10
3. I agree not to make copies of the CONFIDENTIAL INFORMATION.
11
12
4. I agree to return the CONFIDENTIAL INFORMATION to the counsel for the party
that produced it, at or before the conclusion of this litigation.
13
14
15
, have read and understand the Court’s Protective Order for
5. I understand that if I violate any of the terms of the Protective Order, a party, that
party’s counsel, and I may be subject to sanctions or possible contempt.
AGREED:
16
17
DATE
18
19
SIGNATURE
20
21
PRINT NAME
22
23
24
25
26
27
28
Stipulated [Proposed] Protective Order
Hill v. Deputy Arnold et al., USDC No. C09-5434 EMC
1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?