Armstrong, et al v. Davis, et al

Filing 1907

ORDER Granting 1905 Stipulation FOR PROTECTIVE ORDER REGARDING COUNTY JAIL DISCOVERY. Signed by Judge Claudia Wilken on 7/28/2011. (ndr, COURT STAFF) (Filed on 7/28/2011)

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KAMALA D. HARRIS
Attorney General of California
JAY C. RUSSELL
Supervising Deputy Attorney General
SCOTT J. FEUDALE
Deputy Attorney General
DANIELLE O’BANNON
Deputy Attorney General
State Bar No. 207095
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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JOHN ARMSTRONG, et al.,

C 94 2307 CW

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Plaintiffs, STIPULATION FOR PROTECTIVE
ORDER REGARDING COUNTY JAIL
DISCOVERY

v.
EDMUND G. BROWN, JR., et. al.,

Defendants.

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THE PARTIES STIPULATE that the following provisions shall apply to documents

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identified by Defendants as falling under the deliberative process privilege and produced to

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Plaintiffs in connection with discovery in this action, as addressed in Judge Wilken’s May 24,

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2011 order in this case.

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regarded as confidential – “attorney’s eyes only” and subject to this Protective Order.

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2.

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persons:

The information contained in the draft memorandums and county jail plans shall be

The confidential – “attorney's eyes only” material may be disclosed only to the following
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Stipulation for Protective Order (C 94 2307 CW)

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a.

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Counsel for the parties in this action and individuals assigned to this matter from
the Office of Court Compliance;

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b.

Paralegal, clerical, and other personnel regularly employed by counsel of record;

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c.

Court personnel and stenographic reporters engaged in such proceedings as are

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incidental to proceedings in this action;

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d.

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Any expert or consultant retained by either party or the Court for purposes of this
action;

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e.

Court reporter(s) employed in this action;

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f.

Witnesses to whom the confidential material may be disclosed during a deposition

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taken in this matter provided that the witnesses may not leave any deposition with

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any copies of any of the confidential material, and shall be informed of and agree

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to be bound by the terms of this Order; and

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g.

Any other person as to whom the parties in writing agree.

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3.

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made aware of, and agree to abide by, the terms of this Protective Order.

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4.

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the above-captioned action, the coordinated cases of Coleman, Perez and Plata, and/or the jointly

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monitored Valdivia v. Brown, E.D. Cal. No. 2:94-cv-00671-LKK-GGH.

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5.

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shall be used solely in connection with the above-captioned action, the coordinated cases of

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Coleman, Perez and Plata, and/or the jointly monitored Valdivia v. Brown, E.D. Cal. No. 2:94-

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cv-00671-LKK-GGH and not for any other purpose, including other litigation.

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6.

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as “Attorneys’ Eyes Only” by serving a written objection upon the producing party. The parties

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shall confer in good faith as to the validity of the designation. To the extent the parties are unable

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to reach an agreement as to the designation, the objecting party may move for appropriate relief

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from this Court within (20) days from the date the parties meet and confer attempt fails. Until a

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dispute over the asserted designation is finally resolved by the parties or the Court, all parties and

Each person to whom disclosure of this information shall, prior to time of disclosure, be

All confidential – “attorney's eyes only” material shall be used solely in connection with

All material designated confidential-“attorney’s eyes only” under this Protective Order

A party may challenge the other party’s designation of information or materials produced

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Stipulation for Protective Order (C 94 2307 CW)

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persons shall treat the information or materials in question as designated as “Attorneys’ Eyes

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Only.”

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copies of confidential- “attorney's eyes only” material except as necessary for purposes of this

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action.

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including any portion of a deposition transcript designated as confidential or attorney's eyes only,

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is included in any papers to be filed with the Court, such papers shall be labeled "Confidential-

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Subject to Court Order" and filed under seal until further order of this Court.

Plaintiffs' and Defendants' counsel, and their staff, experts and consultants shall not make

If confidential – “attorney's eyes only” material, as defined in this Protective Order,

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covered by this Protective Order, including all copies, will be destroyed.

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otherwise.

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by the Court, and is not intended to limit the use of either party of documents obtained through

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other means.

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protective order is necessary or warranted under the relevant legal standards.

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At the conclusion of the dispute regarding the county jail plan, all confidential material

The provisions of the Order shall remain in full force and effect until the Court orders

This Protective Order does not supersede any prior protective order that have been entered

The parties’ agreement to this Protective Order does not indicate an agreement that such a

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Stipulation for Protective Order (C 94 2307 CW)

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IT IS SO STIPULATED
DATED: July 19, 2011

KAMALA D. HARRIS
Attorney General of California
JAY C. RUSSELL
Supervising Deputy Attorney General
SCOTT J. FEUDALE
Deputy Attorney General
DANIELLE O’BANNON
Deputy Attorney General

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/s/ Jay C. Russell
JAY C. RUSSELL
Supervising Deputy Attorney General
Attorneys for Defendants

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DATED: July 20, 2011

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ROSEN, BIEN & GALVAN, LLP

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/s/ Gay Grunfeld
GAY GRUNFELD
Attorneys Plaintiffs

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DATED: July 20, 2011

PRISON LAW OFFICE

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/s/ Revekah Evenson
REBEKAH EVENSON
Attorneys for Plaintiffs

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IT IS SO ORDERED:

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7/28/2011
Dated:______________

___________________________________
THE HONORABLE CLAUDIA WILKEN
United States District Judge

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CF1997CS0005
20490096.doc

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Stipulation for Protective Order (C 94 2307 CW)

CERTIFICATE OF SERVICE
Case Name:

Armstrong v. Edmund G.
Brown, Jr., et al.

No.

C 94 2307 CW

I hereby certify that on July 20, 2011, I electronically filed the following documents with the
Clerk of the Court by using the CM/ECF system:
STIPULATION FOR PROTECTIVE ORDER REGARDING COUNTY JAIL
DISCOVERY
I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the CM/ECF system.
I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on July 20, 2011, at San Francisco, California.
T. Oakes
Declarant
20491717.doc

/s/ T. Oakes
Signature