Retiree Support Group of Contra Costa County v. Contra Costa County

Filing 204

PROTECTIVE ORDER re 203 STIPULATION WITH PROPOSED ORDER Protective filed by Alice Grothmann, Alyn Goldsmith, Susanne Beadle, Retiree Support Group of Contra Costa County, Billie Joe Wilson Elkin, Michael Sloan. Signed by Judge Jon S. Tigar on August 3, 2016. (wsn, COURT STAFF) (Filed on 8/3/2016)

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TEAGUE P. PATERSON, SBN 226659
LORRIE E. BRADLEY, SBN 309411
BEESON, TAYER & BODINE, APC
483 Ninth Street, 2nd Floor
Oakland, CA 94607
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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Attorneys for AFSCME Retiree Chapter 57

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UNITED STATES DISTRICT COURT CALIFORNIA
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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AT SAN FRANCISCO
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RETIREE SUPPORT GROUP OF
CONTRA COSTA COUNTY,

Case No. CV-12-00944-JST
Plaintiff,

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[PROPOSED] PROTECTIVE ORDER
v.

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CONTRA COSTA COUNTY,
Defendant.

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WHEREAS, in accordance with the Court’s order of July 29, 2016, AFSCME Retiree Chapter
57 (“Chapter 57”) must provide a list of the recipients who received its letter to the Settlement
Administrator; and

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WHEREAS, the list of names and addresses of AFSCME Retiree Chapter 57’s members is
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confidential information that Chapter 57 wishes to protect,
NOW THEREFORE, the parties hereto (“the Parties”) have entered into the following
Protective Order.
1. Parties to the Agreement
The Parties to this Agreement are Retiree Support Group of Contra Costa County, Contra
Costa County, and Chapter 57.

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PROTECTIVE ORDER
Case No. CV-12-00944-JST

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2. Compliance by Settlement Administrator

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Retiree Support Group shall be responsible for conveying this Protective Order to the

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Settlement Administrator and ensuring that it will agree to comply with all relevant terms. When

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Retiree Support Group, or its counsel, has conveyed this Protective Order to the Settlement

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Administrator and ensured its agreement to comply with all relevant terms, Retiree Support Group, or

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its counsel, shall notify all other Parties. This notification may be made electronically via email.
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3. Limitation on Use of Confidential Information
All Confidential Information produced to the Settlement Administrator shall be used solely

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for purposes of (a) mailing corrective notice pursuant to the Court’s Orders of July 29, 2016

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(ECF 199) and August 1, 2016 (ECF 202) and (b) implementing the procedure with regard to opt-

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outs referenced in Paragraph 1 of ECF 202, and not for any other purpose. The Confidential

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Information at issue is the list of names and addresses of Chapter 57’s members who were sent a

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letter from Chapter 57 regarding the settlement in this case.
4. Permissible Use of Confidential Information
All Confidential Information produced to the Settlement Administrator is disclosed

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exclusively for the purpose of the Settlement Administrator using it for the purposes specified in

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Paragraph 3, above. The Settlement Administrator shall maintain the confidentiality of the

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information at all times. Disclosure of the Confidential Information to any other Party or outside
entity is forbidden.

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5. Destruction of Confidential Information
Upon the expiration of the period for an appeal of the judgment entered after the ruling on the

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Final Approval of the Settlement, the Settlement Administrator shall destroy the information

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provided to it by Chapter 57. Once the Settlement Administrator has destroyed the information, it

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shall certify to the Parties that it has destroyed the confidential information provided by Chapter 57.

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PROTECTIVE ORDER
Case No. CV-12-00944-JST

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This certification may be made electronically via email by a person with knowledge of the

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destruction of the information.

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6. Disclosure of Confidential Information
If the Settlement Administrator or any Party learns that the Settlement Administrator has
disclosed Confidential Information to any other person or entity, whether inadvertent or otherwise,
that is not authorized to receive it, the Settlement Administrator must immediately notify the Parties
of the unauthorized disclosure, use its best efforts to retrieve the unauthorized copies of the
Confidential Information, inform the person or entity who received the Confidential Information of
the terms of this Order and request that the person or entity agree to be bound by its provisions
regarding confidentiality and destruction of Confidential Information.
7. Survival and Continuing Jurisdiction
This Order and each of its respective terms and conditions shall survive the termination of this
action, whether by voluntary or involuntary dismissal, final judgment, exhaustion of the appellate
process, or settlement, and shall continue in full force and effect thereafter. The Court will retain
jurisdiction after the termination of this action to enforce the terms of this Order. Any Party may, on
written notice to all other Parties, move for an order modifying, amending, or dissolving the terms of
this Order.

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By:

s/ Jeffrey Lewis
Jeffrey Lewis, SBN 66587
Attorneys for Plaintiffs and the Class

By:

s/ Lorrie E. Bradley
Lorrie E. Bradley, SBN 309411
Attorneys for AFSCME Retiree Chapter 57

By:

s/ Raymond F. Lynch
Raymond F. Lynch, SBN 119065
Attorneys for Defendant Contra Costa County

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PROTECTIVE ORDER
Case No. CV-12-00944-JST

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PURSUANT TO STIPULATION, IT IS SO ORDERED, this the ___ day of August 2016.

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Dated: ___________________
August 3, 2016

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_________________________________________
Honorable Jon S. Tigar
United States District Judge

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PROTECTIVE ORDER
Case No. CV-12-00944-JST

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