Bui v. City and County of San Francisco et al

Filing 42

STIPULATED CONFIDENTIALITY AGREEMENT. Signed by Magistrate Judge Maria-Elena James on 2/11/2013. (rmm2S, COURT STAFF) (Filed on 2/13/2013)

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DENNIS J. HERRERA, State Bar#l39669
City Attorney
CHERYL ADAMS, StateBar#I64194
Chief Trial Attorney
SEAN F. CONNOLLY, State Bar#I52235
Deputy City Attorney
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
Email:
sean.connolly@sfgov .org

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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
SAN FRANCISCO POLICE OFFICER AUSTIN
WILSON, SAN FRANCISCO POLICE OFFICER
TIMOTHY A. ORTIZ

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHIEN VAN BUI AND AI HUYNH,
individually, and as successors in interest to
the Estate ofVinh Van Bui,

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Plaintiffs,

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vs.

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CITY AND COUNTY OF SAN
FRANCISCO, SAN FRANCISCO POLICE
OFFICER AUSTIN WILSON, SAN
FRANCISCO POLICE OFFICER TIMOTHY
A. ORTIZ, and Does ONE through 50,

Case No. CV 11-4189 LB

STIPULATED CONFIDENTIALITY
AGREEMENT: SETTLEMENT
CONFERENCE; STIPULATION NOT TO
CALL CHIEF AS WITNESS; AND
[PROPOSED] ORDER
[N.D. CAL. ADR LR 7-5]
Hearing Date:
Time:
Place:

February 8, 2013
I O:OOAM
Hon. James

Defendants.

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Whereas, after meeting and conferring upon the issue, defendants have agreed to produce Chief

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Greg Suhr at the above dated settlement conference. In light of and in consideration of defendants'

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agreement to produce the Chief, plaintiff and defendants stipulate to the following:

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1.

All parties, all counsel and any other persons attending the settlement conference

hereby stipulate and agree that the settlement conference will/shall be treated as confidential pursuant

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Confidentiality Stipulation
Bui v. CCSF; Case No. 11-cv-4189

s·\andy schwartzlbui, vinh van (tony)- 9415\pleadingslccst's final
stipulated confidentiality agreement re msc, chief. doc

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to Northern District Local Rule (ADR LR 7-5), and that everything discussed, anything drafted,
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anything that happens or is/was said, shall be treated as confidential and cannot be used at a later

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point in time.

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2.

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"7-5 Settlement Conference Confidentiality

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(a)

United States District Court for the Northern District ADR L.R. 7-12 states:

Confidential Treatment. Except as provided by a case a case-specific order entered in

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advance of the settlement conference or in subdivision (b) of this local rule, this court, the settlement

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judge, a\\ counsel and parties, and any other persons attending the settlement conference shall treat as

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"confidential information" the contents of any written settlement conference statements, anything that

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happened or was said, any position taken, and any view of the merits of the case expressed by any

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participant in connection with any settlement conference. "Confidential information" shall not be:

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(1)

Disclosed to anyone not involved in the litigation;

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(2)

Disclosed to the assigned judge; or

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(3)

Use for any purpose, including impeachment, in any pending or future

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proceeding in this court.

(b)

Limited Exceptions to Confidentiality. This rule does not prohibit:

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(1)

Disclosures as may be stipulated by all parties;

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(2)

Any participant or the settlement judge from responding to an appropriate

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request for information duly made by persons authorized by the court to monitor or evaluate the

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court's ADR program in accordance with ADR L.R. 2-6; or
(3)

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Disclosures as are necessary to preserve the court's capacity to enforce lawful

orders or to discipline contumacious conduct, or as are otherwise required by law."
3.

Violation of this Order shall subject the offending party or person to sanctions as

deemed appropriate by this court.
4.

A party or person found to have violated this order shall be subject to attorneys fees for

any motion successfully brought by a party to enforce this order.

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It is further stipulated that plaintiffs agree not to call Chief Greg Suhr as a witness at

trial, or subpoena or notice him for deposition, or seek discovery from him in any way.
Confidentiality Stipulation
Bui v. CCSF; Case No. 11-cv-4189

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s:\andy schwartz\bui, vinh van (tony)- 9415\pleadings\ccsfs final
stipulated confidentiality agreement re msc, chief.doc

6.

"The parties further stipulate that the one exception to the above paragraph (5) is if

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Chief Suhr is determined to be a percipient witness to any fact relevant to the incident giving rise to

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the lawsuit based on information unrelated to the disclosures made at the settlement conference."

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. Plaintiff may conduct discovery of the Chief on that fact(s) alone. In addition, plaintiff may depose

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the Chief on a specific policy claim if plaintiff shows through means other than information disclosed

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at the settlement conference that the Chief was directly involved in a policy relevant to plaintiffs'

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Monell claim, and that deprivation of his testimony on such point would result in a "manifest

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injustice" (as defined in In re Anonymous, 283 F.3d 627, 637 (4th Cir. 2002)). In no case shall

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discovery or testimony be taken upon any fact or issue discussed or disclosed by the Chief at the

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settlement conference. The parties agree that any dispute over this exception shall be resolved by

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meeting and conferring first, and thenby Magistrate Judge James, if necessary. No attorneys fees

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shall be sought by either party for litigating this one issue.

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7.

It is hereby STIPULATED that all parties, all counsel and any other persons attending

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the settlement agreement will respect and abide by this confidentiality agreement and that plaintiffs'

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counsel will explain and advise plaintiffs and other family members present at the settlement

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conference the terms of this stipulation and order and that they fact that they are bound by this

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agreement.

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Confidentiality Stipulation
Bui v. CCSF; Case No. 11-cv-4189

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stipulated confidentiality agreement re msc, chiefdoc

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Dated: February 7, 2013
DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Attorney
SEAN F. CONNOLLY
Deputy City Attorney

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By: : Is/ Sean F. Connolly
SEAN F. CONNOLLY
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, ET AL.

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Dated: February 7, 2013

CASPER MEADO, SCHWARTZ & COOK

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By: : Is/ Andrew Schwartz
ANDREW SCHWARTZ, ESQ.
Attorneys For Plaintiffs

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PURSUANT TO STIPULATION, IT IS SO ORDE

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Dated:
JAMES
District/Magistrate Judge

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Confidentiality Stipulation
Bui v. CCSF; Case No. 11-cv-4189

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s \andy schwartz\bui, vinh van (tony)· 9415\pleadings\ccsfs final
stipulated confidentiality agreement re msc, chiefdoc