The Estate of Kenneth Harding Jr. et al v. The City and County of San Francisco et al

Filing 27

STIPULATION AND ORDER re 26 TO ALLOW RELEASE OF COPIES OF PHOTOGRAPHS DEPICTING MR. HARDING, JR. AFTER HE WAS DECEASED IN POSSESSION OF THE OFFICE OF THE MEDICAL EXAMINER AND/OR THE SFPD filed by The City and County of San Francisco, Richard Hastings, Matthew Lopez. Signed by Judge Edward M. Chen on 2/12/13. (bpf, COURT STAFF) (Filed on 2/12/2013)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
BLAKE P. LOEBS, State Bar #145790
Chief of Civil Rights Litigation
Fox Plaza
1390 Market Street, 6th Floor
San Francisco, California 94102-5408
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]

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Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
MATTHEW LOPEZ, and RICHARD HASTINGS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THE ESTATE OF KENNETH HARDING Jr.;
DENIKA CHATMAN, individually and as
personal representative of the ESTATE OF
KENNETH HARDING, Jr.
Plaintiffs,
vs.
CITY AND COUNTY OF SAN FRANCISCO,
a municipal corporation;
OFFICER MATTHEW LOPEZ individually
and in his official capacity as a Police Officer
for CITY AND COUNTY OF SAN
FRANCISCO; OFFICER RICHARD
HASTINGS individually and in his official
capacity as a Police Officer for CITY AND
COUNTY OF SAN FRANCISCO; DOES 1-50,
inclusive; individually and in their official
capacities as POLICE OFFICERS for CITY
AND COUNTY OF SAN FRANCISCO,

Case No. C12-3978 EMC
STIPULATION AND [PROPOSED] ORDER
TO ALLOW RELEASE OF COPIES OF
PHOTOGRAPHS DEPICTING MR.
HARDING, JR. AFTER HE WAS DECEASED
IN POSSESSION OF THE OFFICE OF THE
MEDICAL EXAMINER AND/OR THE SFPD
Trial Date:

Not Set

Defendants.

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[PROPOSED] ORDER TO ALLOW RELEASE OF COPIES OF
PHOTOGRAPHS, ETC., CASE NO. C12-3978 EMC

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STIPULATION

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Pursuant to Federal Rule of Civil Procedure 26(c) the parties have met and conferred and

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stipulate as follows:
1.

Pursuant to California Code of Civil Procedure Section 129, neither the Medical

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Examiner’s Office nor the San Francisco Police Department may produce copies of autopsy or crime

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scene photographs that depict any portion of a deceased person’s body other than for use in a criminal

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prosecution without prior court authorization.

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2.

Pursuant to California Code of Civil Procedure Section 129, this stipulation has been

served on the San Francisco District Attorney’s Office at least 5 days in advance of this request being
filed with the Court.
2.

Good cause exists for the Court to authorize the parties to this action to receive copies

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of photographs from the Medical Examiner’s Office and/or the San Francisco Police Department that

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depict Kenneth Harding, Jr. after he died (“Harding Photographs”) because those photographs may be

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relevant to evaluating the cause of Mr. Harding’s death.

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3.

The parties therefore jointly request that the Court authorize the parties to this action to

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receive copies of the Harding Photographs. The parties also agree that the Harding Photographs will

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not be shown or distributed to any individual or entity that is not a party, or an expert retained by a

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party, in this litigation, except as my be provided by a protective issued by this Court. Within 30 days

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[PROPOSED] ORDER TO ALLOW RELEASE OF COPIES OF
PHOTOGRAPHS, ETC., CASE NO. C12-3978 EMC

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upon completion of this litigation the Harding Photographs are to be returned to the City Attorney’s

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Office for destruction.

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IT IS SO STIPULATED.
Dated: February 6, 2013

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DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
BLAKE P. LOEBS
Chief of Civil Rights Litigation

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By: /s/ Blake P. Loebs
BLAKE P. LOEBS
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO,
MATTHEW LOPEZ, AND RICHARD HASTINGS

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Dated: February 6, 2013

CARPENTER, ZUCKERMAN & ROWLEY, LLP

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By: /s/ John C. Carpenter
JOHN C. CARPENTER
Attorneys for Plaintiffs,
THE ESTATE OF KENNETH HARDING Jr.;
DENIKA CHATMAN
*Pursuant to General Order 45, the electronic signatory of this documents attests that this individual
concurs in his electronic signature of this document. The actual signature page is on file.

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[PROPOSED] ORDER TO ALLOW RELEASE OF COPIES OF
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ORDER

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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT BASED ON THE ABOVE

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ENTERED STIPULATION, the Medical Examiner’s Office and the San Francisco Police Department

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are authorized to release the Harding Photographs pursuant to the terms of the foregoing stipulation.
IT IS SO ORDERED

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R NIA

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NO

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UNITED STATES DISTRICT JUDGE
en
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Judg

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ERED
O ORD
IT IS S
THE HONORABLE EDWARD M. CHEN

LI

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2/12
Dated: ________________, 2013

UNIT
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[PROPOSED] ORDER TO ALLOW RELEASE OF COPIES OF
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PROOF OF SERVICE

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I, Deborah Sanchez, declare as follows:
I am a citizen of the United States, over the age of eighteen years and not a party to the aboveentitled action. I am employed at the City Attorney’s Office of San Francisco, Fox Plaza Building,
1390 Market Street, Fifth Floor, San Francisco, CA 94102.
On February 6, 2013, I served the following document(s):
STIPULATION AND [PROPOSED] ORDER TO ALLOW RELEASE OF COPIES OF
PHOTOGRAPHS DEPICTING MR. HARDING, JR. AFTER HE WAS DECEASED IN
POSSESSION OF THE OFFICE OF THE MEDICAL EXAMINER AND/OR THE SFPD

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on the following persons at the locations specified:
John C. Carpenter, Esq.
District Attorney’s Office
Carpenter, Zuckerman & Rowley, LLP
Hall of Justice
8827 West Olympic Blvd.
850 Bryant Street
Beverly Hills, CA 90211
San Francisco, CA 94103
Attorney for Plaintiffs
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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in the manner indicated below:

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BY UNITED STATES MAIL: Following ordinary business practices, I sealed true and correct copies of
the above documents in addressed envelope(s) and placed them at my workplace for collection and mailing with
the United States Postal Service. I am readily familiar with the practices of the San Francisco City Attorney's
Office for collecting and processing mail. In the ordinary course of business, the sealed envelope(s) that I placed
for collection would be deposited, postage prepaid, with the United States Postal Service that same day.
I declare under penalty of perjury pursuant to the laws of the State of California that the
foregoing is true and correct.
Executed February 6, 2013, at San Francisco, California.
DEBORAH SANCHEZ

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[PROPOSED] ORDER TO ALLOW RELEASE OF COPIES OF
PHOTOGRAPHS, ETC., CASE NO. C12-3978 EMC

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