Caldwell v. City of San Francisco et al
Filing
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Order by Chief Magistrate Judge Elizabeth D. Laporte granting 44 Stipulated Protective Order.(knm, COURT STAFF) (Filed on 7/15/2013)
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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Attorney
SEAN F. CONNOLLY, State Bar #152235
BRADLEY A. RUSSI, State Bar #256993
Deputy City Attorneys
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone: (415) 554-3863 [Connolly]
Telephone:
(415) 554-3964 [Russi]
Facsimile:
(415) 554-3837
Email:
sean.connolly@sfgov.org
Email:
brad.russi@sfgov.org
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Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MAURICE CALDWELL,
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Plaintiff,
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Case No. 12-cv-1892 EDL
vs.
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CITY AND COUNTY OF SAN
FRANCISCO; SAN FRANCISCO POLICE
DEPARTMENT; KITT CRENSHAW;
ARTHUR GERRANS; JAMES CROWLEY;
and DOES 1-10, inclusive,
STIPULATION AND [PROPOSED]
PROTECTIVE ORDER
Trial Date:
Defendants.
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Stipulated Protective Order
Caldwell v. CCSF; Case No. 12-cv-1892
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April 6, 2015
STIPULATED PROTECTIVE ORDER
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Pursuant to Federal Rule of Civil Procedure 26(c) the parties have met and conferred and agree
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that the discovery of CONFIDENTIAL INFORMATION in this matter be made pursuant to the terms
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of this PROTECTIVE ORDER.
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GOOD CAUSE APPEARING, the parties stipulate, though their attorneys of record, to the
entry of an order as follows:
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CONFIDENTIAL, within the meaning of this PROTECTIVE ORDER, shall mean any
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information which is in the possession of a Designating Party who believes in good faith that such
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information is entitled to confidential treatment under applicable law. CONFIDENTIAL
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MATERIALS means any Documents, Testimony or Information as defined below designated as
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CONFIDENTIAL pursuant to the provisions of this PROTECTIVE ORDER. DOCUMENTS means
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(i) any “Writing”, “Original”, and “Duplicate” as those terms are defined by the California Evidence
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Code Sections 250, 255, and 260 which have been produced in discovery in this Proceeding by any
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person, and (ii) any copies, reproductions, or summaries of all or any part of the foregoing.
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INFORMATION means the contents of TESTIMONY or DOCUMENTS. TESTIMONY means all
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depositions, declarations or other testimony taken or used in this Proceeding. The Designating Party
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shall have the right to designate as CONFIDENTIAL any DOCUMENTS, INFORMATION OR
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TESTIMONY that the Designating Party in good faith believes to contain non-public information that
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is entitled to confidential treatment under applicable law. The entry of this PROTECTIVE ORDER
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does not alter, waive, modify, or abridge any right, privilege or protection otherwise available to any
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Party with respect to the discovery of matters, including, but not limited to any Party’s right to assert
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the attorney-client privilege, the attorney work product doctrine, or other privileges, or any Party’s
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right to contest any such assertion. The Designating Party shall attempt to stamp “Confidential” on all
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such documents prior to production. In the event that any CONFIDENTIAL INFORMATION is
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inadvertently not stamped as “Confidential,” the party who notices this oversight shall immediately
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make it known to the other parties and the documents shall immediately be stamped as “Confidential”
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and treated as such, as per this order.
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Stipulated Protective Order
Caldwell v. CCSF; Case No. 12-cv-1892
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CONFIDENTIAL INFORMATION, within the meaning of this PROTECTIVE ORDER, shall
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also include any and all documents containing peace officer Personnel Information, private
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information, confidential information, including any and all records made pursuant to citizen
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complaint, or other administrative or internal Department investigation, that a Designating Party
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considers in good faith to be or to contain Confidential, Official Information, or otherwise protected
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information, shall be subject to this Order and stamped or otherwise designated “Confidential.”
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2.
The Non-Designating Party may challenge the Designating Party’s designation of a
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particular document as CONFIDENTIAL INFORMATION by filing an appropriate motion, under
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seal, with the Court. The parties agree that the prevailing party in a motion to remove the confidential
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designation shall waive any entitlement to monetary sanctions, including attorney’s fees.
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Unless disclosure is ordered by the Court, attorneys for a Designating Party shall have
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the sole authority to determine that materials designated pursuant to this PROTECTIVE ORDER by
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that Party are no longer considered CONFIDENTIAL INFORMATION and will advise counsel for
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the Non-Designating Parties in writing if this determination is made.
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4.
Any CONFIDENTIAL INFORMATION that is disclosed or produced by any party or
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non-party in connection with this case may be used only for prosecuting, defending, or attempting to
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settle this litigation. CONFIDENTIAL INFORMATION may be disclosed only to the categories of
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persons and under the conditions described in this Order. When the litigation has been terminated, all
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parties or non-parties that have received CONFIDENTIAL INFORMATION must comply with the
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provisions of section 11, below. All parties or non-parties that have received CONFIDENTIAL
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INFORMATION must store and maintain it in a secure manner that ensures that access is limited to
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the persons authorized under this Order.
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A Non-Designating Party may exhibit, discuss, and/or disclose CONFIDENTIAL
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INFORMATION only to the following categories of person and no other unless authorized by order of
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the Court:
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a.
the Non-Designating Party’s Counsel;
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b.
Those partners, employees and agents of a Non-Designating Party that counsel
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for such party deems necessary to aid counsel in the prosecution and defense of this
Stipulated Protective Order
Caldwell v. CCSF; Case No. 12-cv-1892
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Proceeding. This is provided that prior to the Disclosure of CONFIDENTIAL MATERIALS
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such individual agrees to comply with the terms of this PROTECTIVE ORDER by executing
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the document attached as Exhibit A. Counsel shall file and serve that document upon its
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execution.
c.
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Experts, investigators or consultants retained by a Non-Designating Party to
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assist in the evaluation, preparation, or trial of this case; however, before any expert,
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investigator, or consultant is permitted to review the CONFIDENTIAL INFORMATION, such
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individual must agree to comply with the terms of this PROTECTIVE ORDER by executing
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the document attached as Exhibit A. The Non-Designating Party’s counsel shall file and serve
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that document upon its execution; however, the Non-Designating Party’s counsel shall not be
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required to file any Agreement to Comply any earlier than the date that Expert Disclosures are
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required to be made. Experts, investigators, and consultants shall not have any power to
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authorize further disclosure of CONFIDENTIAL INFORMATION to any other person.
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Counsel for Plaintiff may not provide originals or copies of the CONFIDENTIAL
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INFORMATION to any plaintiff absent the written agreement of counsel for Defendants or a court
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order, subject to the following:
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a.
For purposes of evaluating the settlement value or potential jury verdict, counsel
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for Plaintiff may discuss the general nature of the CONFIDENTIAL INFORMATION with Plaintiff
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without disclosing any identifying details about a specific witness or any documents. Plaintiff’s
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counsel may also review with Plaintiff any statement or interview given by Plaintiff.
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Unless otherwise stipulated to by the Designating Party, any use of CONFIDENTIAL
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INFORMATION or comment on the substance of any CONFIDENTIAL INFORMATION in any
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papers or pleadings filed with the Court, shall be filed under seal pursuant to the Court’s rules and
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procedures (see Northern District of California Civil Local Rule 79-5). The sealed envelopes shall be
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endorsed with the caption of this litigation, and an indication of the nature of the contents of the
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envelopes and a statement substantially in the following form:
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“This envelope contains documents that are filed in this case pursuant to a
Protective Order and are not to be opened nor the contents thereof to be
Stipulated Protective Order
Caldwell v. CCSF; Case No. 12-cv-1892
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displayed or revealed except by further order of the Court or written consent of
the City and County of San Francisco.”
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In the event any person desires to exhibit documents or disclose CONFIDENTIAL
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INFORMATION covered under this stipulation during trial or pretrial proceedings, such person shall
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meet and confer with counsel for the Designating Party to reach an agreement, in accordance with the
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Court’s rules and procedures, on an appropriate method for disclosure, and if the Designating Party
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does not agree to such disclosure, such CONFIDENTIAL INFORMATION shall not be disclosed
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unless authorized by order of the Court. Unless otherwise agreed, transcripts and exhibits that
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incorporate or reference CONFIDENTIAL INFORMATION covered under this stipulation shall be
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treated as CONFIDENTIAL INFORMATION that is subject to the provisions of this PROTECTIVE
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ORDER. The Court Reporter shall mark as “Confidential” any deposition or hearing transcript that
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contains any CONFIDENTIAL INFORMATION or any reference to CONFIDENTIAL
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INFORMATION.
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If a party who has received CONFIDENTIAL INFORMATION learns that, by
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inadvertence or otherwise, it has disclosed CONFIDENTIAL INFORMATION to any person or in any
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circumstance not authorized under this PROTECTIVE ORDER, the party must immediately (a) notify
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counsel for the Designating Party in writing of the unauthorized disclosures, (b) use its best efforts to
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retrieve all copies of the CONFIDENTIAL INFORMATION, (c) inform the person or persons to
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whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person
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or persons to execute the document that is attached hereto as Exhibit A.
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10.
Any inadvertent disclosure made in violation of this PROTECTIVE ORDER shall be
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immediately corrected by the offending party and does not constitute a waiver of the terms of this
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PROTECTIVE ORDER, except by written agreement of the parties, or further order of this Court.
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All documents covered by this PROTECTIVE ORDER and copies thereof (including
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those in the possession of experts, consultants, etc.) will be returned to the Designating Party at the
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termination of this litigation. On final disposition of this case, counsel for a Non-Designating Party
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shall within 30 days after the final disposition of this case, without request or further order of this
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Court, return all CONFIDENTIAL INFORMATION to counsel of record for the Designating Party in
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Stipulated Protective Order
Caldwell v. CCSF; Case No. 12-cv-1892
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this matter. The provisions of this PROTECTIVE ORDER shall, without further order of the Court,
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continue to be binding after the conclusion of the action, and this Court will have jurisdiction to
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enforce the terms of this PROTECTIVE ORDER.
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Should plaintiffs and plaintiffs’ counsel or defendants or defendants’ counsel fail to
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comply with this PROTECTIVE ORDER, the violating party shall be liable for all costs associated
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with enforcing this agreement, including but not limited to all attorney fees in amounts to be
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determined by the Court.
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Stipulated Protective Order
Caldwell v. CCSF; Case No. 12-cv-1892
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Plaintiff and plaintiff’s counsel and defendants and defendants’ counsel may also be subject to
additional sanctions or remedial measures, such as contempt, evidentiary or terminating sanctions.
IT IS SO STIPULATED.
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Dated: July 15, 2013
DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Attorney
SEAN F. CONNOLLY
BRADLEY A. RUSSI
Deputy City Attorneys
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By: /s/ Bradley A. Russi
BRADLEY A. RUSSI
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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, ET AL.
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DATED: July 15, 2013
THE CLAYPOOL LAW FIRM
By:
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DATED: July 15, 2013
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NORTHERN CALIFORNIA INNOCENCE
PROJECT
By:
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/s/ Brian E. Claypool*
Brian E. Claypool
Attorney for Plaintiff
/s/ Linda Starr*
Linda Starr
Attorney for Plaintiff
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*Pursuant to General Order 45, §X.B., the filer of this
document attests that he has received the concurrence of
this signatory to file this document.
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Stipulated Protective Order
Caldwell v. CCSF; Case No. 12-cv-1892
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EXHIBIT A
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Stipulated Protective Order
Caldwell v. CCSF; Case No. 12-cv-1892
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AGREEMENT TO COMPLY WITH STIPULATED PROTECTIVE
ORDER FOR CONFIDENTIAL INFORMATION
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I,
, have read and understand the Court’s Protective Order for
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CONFIDENTIAL INFORMATION. I agree to abide by all terms of the Order. In addition, I
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specifically understand and agree to the following:
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1.
I will not disclose the CONFIDENTIAL INFORMATION to any other person.
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2.
I understand that I have no power to authorize any other person to review the
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CONFIDENTIAL INFORMATION.
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3.
I agree not to make copies of the CONFIDENTIAL INFORMATION.
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4.
I agree to return the CONFIDENTIAL INFORMATION to the counsel for the party
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that produced it, at or before the conclusion of this litigation.
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AGREED:
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DATE
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SIGNATURE
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PRINT NAME
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Stipulated Protective Order
Caldwell v. CCSF; Case No. 12-cv-1892
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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Attorney
SEAN F. CONNOLLY, State Bar #152235
BRADLEY A. RUSSI, State Bar #256993
Deputy City Attorney
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone: (415) 554-3863 [Connolly]
Telephone:
(415) 554-3964 [Russi]
Facsimile:
(415) 554-3837
Email:
sean.connolly@sfgov.org
Email:
brad.russi@sfgov.org
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Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MAURICE CALDWELL,
Plaintiff,
Case No. 12-cv-1892 EDL
[PROPOSED] PROTECTIVE ORDER
vs.
CITY AND COUNTY OF SAN
FRANCISCO; SAN FRANCISCO POLICE
DEPARTMENT; KITT CRENSHAW;
ARTHUR GERRANS; JAMES CROWLEY;
and DOES 1-10, inclusive,
Trial Date:
Defendants.
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Stipulated Protective Order
Caldwell v. CCSF; Case No. 12-cv-1892
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April 6, 2015
ORDER
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Based on the above entered Stipulation, IT IS SO ORDERED
Dated: July 15, 2013
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THE HONORABLE ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE
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Stipulated Protective Order
Caldwell v. CCSF; Case No. 12-cv-1892
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