Zayas v. State of California et al

Filing 8

STIPULATION AND PROTECTIVE ORDER re 7 filed by California Highway Patrol. Signed by Judge Edward M. Chen on 6/7/17. (bpfS, COURT STAFF) (Filed on 6/7/2017)

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XAVIER BECERRA
Attorney General of California
JEFFREY R. VINCENT
Supervising Deputy Attorney General
KYMBERLY E. SPEER
Deputy Attorney General
State Bar No. 121703
1515 Clay Street, 20th Floor
P.O. Box 70550
Oakland, CA 94612-0550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Defendant State of California, by and
through its California Highway Patrol

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CIVIL DIVISION

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3:17-cv-02739-EMC

ESTRELLA LYSANDRA ZAYAS,

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Plaintiff, STIPULATED PROTECTIVE ORDER;
[PROPOSED] ORDER

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v.
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5 – 17th Floor
The Honorable Edward M.
STATE OF CALIFORNIA, ET AL,
Chen
Not assigned
Defendants. Trial Date:
Action Filed: May 11, 2017
Courtroom:
Judge:

The parties to this action, by and through their respective counsel, and hereby stipulate

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that production of any Mobil Video/Audio Recording System (“MVARS”) CD for April 16,

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2016 by CHP will be made pursuant to the following Stipulated Protective Agreement:

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1.

It is contemplated that the present disclosure of the MVARS CD under this

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stipulated protective order will be dispositive on plaintiff’s decision whether or not to proceed

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with the subject litigation. Should plaintiff decide to proceed with the litigation, the parties agree

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that plaintiff may move the Court for an order challenging the continued confidentiality of the
Stipulated Protective Order
Zayas v. State of California, et al.
USDC (N.D. Cal.) Case No.: 3:17-cv-02739

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subject MVARS CD while defendants retain the right to oppose such a motion by plaintiff for

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the purpose of retaining the confidentiality of the subject MVARS CD.

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2.

The MVARS CD and its contents may be used by the parties and their counsel

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only in this litigation and may not be used in separate proceedings or actions at this time or in the

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future without first being obtained through proper discovery procedures or court orders in those

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separate proceedings or actions.

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3.

The MVARS CDs and its contents may not be disclosed, copied, distributed,

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shown, or described to any person or entity (including, but not limited to, media representatives)

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by the parties or their representatives or agents, other than (a) the parties to this litigation; (b) the

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parties’ attorneys, paralegals, and legal office staff in this litigation; (c) the parties’ expert

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consultants in this litigation for purposes of expert consultation and trial testimony preparation;

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and (d) the court in this action, filed under seal, for purposes of this litigation.

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4.

The parties’ expert consultants must sign an acknowledgment and agreement to

be bound by the terms of this Stipulated Protective Agreement.
5.

The MVARS CD produced subject to this Stipulated Protective Agreement and

all copies thereof must be returned to CHP’s counsel upon the termination of this litigation.
6.

This Stipulated Protective Agreement does not in any way affect or prejudice the

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right of any party at the time of trial or other proceedings in this action to object to the use or

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admissibility of the MVARS CD at the trial or in other proceedings.

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7.

Violation of this Protective Order by any party or any other person, including, but

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not limited to, any party’s expert witnesses and consultants, will result in sanctions to be

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determined by the Court upon application by any other party.

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SO STIPULATED:

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Dated: June 6, 2017

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/s/ Kymberly E. Speer
KYMBERLY E. SPEER
Attorney for Defendant State of California,
by and through its California Highway
Patrol

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Stipulated Protective Order
Zayas v. State of California, et al.
USDC (N.D. Cal.) Case No.: 3:17-cv-02739

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Dated: June 6, 2017

LAW OFFICES OF PANOS LAGOS

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/s/Panos Lagos
Panos Lagos, Esq.
Attorney for Plaintiff,
ESTRELLA LYSANDRA ZAYAS

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Dated: June ____, 2017

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DERED
SO ORChen
Honorable Edward M.
IT IS

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So ordered.

UNIT
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ORDER

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Stipulated Protective Order
Zayas v. State of California, et al.
USDC (N.D. Cal.) Case No.: 3:17-cv-02739

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