Armstrong, et al v. Davis, et al

Filing 2421

ORDER by Judge Claudia Wilken Granting 2420 Stipulation Regarding Prison Facilities (ndr, COURT STAFF) (Filed on 7/1/2014)

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1 2 3 4 PRISON LAW OFFICE DONALD SPECTER – 83925 REBEKAH EVENSON – 207825 CORENE KENDRICK – 226642 PENNY GODBOLD – 226925 1917 Fifth Street Berkeley, California 94710 Telephone: (510) 280-2621 5 6 7 8 9 10 11 12 ROSEN BIEN GALVAN & GRUNFELD LLP MICHAEL W. BIEN – 096891 GAY C. GRUNFELD – 121944 BLAKE THOMPSON – 255600 MICHAEL FREEDMAN - 262850 315 Montgomery Street, Tenth Floor San Francisco, California 94104-1823 Telephone: (415) 433-6830 DISABILITY RIGHTS EDUCATION & DEFENSE FUND, INC. LINDA KILB – 136101 2212 Sixth Street Berkeley, California 94710 Telephone: (510) 644-2555 13 Attorneys for Plaintiffs 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 OAKLAND DIVISION 18 19 JOHN ARMSTRONG, et al., 20 Case No. C94 2307 CW Plaintiffs, STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING PRISON FACILITIES 21 v. 22 EDMUND G. BROWN JR. et al., 23 Defendants. 24 25 26 27 28 29 30 1 [PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW 1 Plaintiffs and Defendants (the “parties”) agree that disclosure and discovery activity in 2 this action are likely to involve production of confidential blueprints, drawings, or photographs 3 regarding prison facilities, including but not limited to information about the layout and 4 construction of prison cells and the interior structure of prison cell-walls, and cell-door control 5 and locking mechanisms, for which special protection from public disclosure and from use for 6 any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties 7 hereby stipulate to and petition the court to enter the following Stipulated Protective Order. 8 The parties acknowledge that this Order does not confer blanket protections on all disclosures 9 or responses to discovery and that the protection it affords from public disclosure and use 10 extends only to the limited information or items that are entitled to confidential treatment under 11 the applicable legal principles. The parties further acknowledge that Civil Local Rule 79-5 sets 12 forth the procedures that must be followed and the standards that will be applied when a party 13 seeks permission from the court to file material under seal. 14 1. Defendants may designate as “Protected Material” covered by this Protective 15 order any blueprints, drawings, photographs, or information about prison facilities that contain 16 sensitive information about the layout and construction of prison cells and the interior structure 17 of prison cell-walls, and cell-door control and locking mechanisms. Protected Material shall 18 not include any photographs or drawings that depict areas or structures visible to the naked eye 19 in areas accessible to prison inmates. Defendants shall use good faith in designating any 20 information Protected Material. The criteria for such a designation shall be whether 21 Defendants believe in good faith that the information is entitled to protection from disclosure 22 under California state law. 23 2. To the extent it is practical to do so, Defendants must designate for protection 24 only those parts of material, documents, items, or oral or written communications that qualify – 25 so that other portions of the material, documents, items, or communications for which 26 protection is not warranted are not swept unjustifiably within the ambit of this Order. 27 28 3. Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 29 30 [PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW 1 unnecessarily encumber or retard the case development process or to impose unnecessary 2 expenses and burdens on other parties) expose the Designating Party to sanctions. 3 4. If it comes to a Designating Party’s attention that information or items that it 4 designated for protection do not qualify for protection at all or do not qualify for the level of 5 protection initially asserted, that Designating Party must promptly notify all other parties that it 6 is withdrawing the mistaken designation 7 5. A Party that received Protected Material is a “Receiving Party.” 8 6. To designate material as “Protected Material,” Defendants shall mark such 9 10 material as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 7. The Receiving Party shall use its best efforts to ensure that prison blueprints and 11 construction drawings as to specific prison facilities or portions thereof that meet the definition 12 of Protected Material are kept confidential even if Defendants have not affixed the legend 13 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains protected 14 material, and regardless of the date when it was produced to Plaintiffs. 15 8. The protections conferred by this Stipulation and Order cover not only Protected 16 Material (as defined above), but also (1) any information copied or extracted from Protected 17 Material that meets the definition of “Protected Material”; (2) all copies, excerpts, summaries, 18 or compilations of Protected Material that meets the definition of “Protected Material”; (3) any 19 photographs or data regarding prison facilities, their layout, and the components of cell walls, 20 doors, and door control mechanisms that meets the definition of “Protected Material”, and (4) 21 any testimony, conversations, or presentations by Parties or their Counsel that might reveal 22 information that meets the definition of “Protected Material.” However, the protections 23 conferred by this Stipulation and Order do not cover the following information: (a) any 24 information that is in the public domain at the time of disclosure to a Receiving Party or 25 becomes part of the public domain after its disclosure to a Receiving Party as a result of 26 publication not involving a violation of this Order, including becoming part of the public 27 record through trial or otherwise; and (b) any information known to the Receiving Party prior 28 to the disclosure or obtained by the Receiving Party after the disclosure from a source who 29 30 [PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW 1 obtained the information lawfully and under no obligation of confidentiality to the Designating 2 Party. Any use of Protected Material at trial shall be governed by a separate agreement or 3 order. 4 9. Disclosure of “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” Information 5 or Items. Unless otherwise ordered by the court or permitted in writing by the Designating 6 Party, a Receiving Party may disclose any information or item designated or defined above as 7 “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” only to: (a) the Receiving Party’s Counsel of Record in this action, as well as employees 8 9 10 of said Counsel of Record to whom it is reasonably necessary to disclose the information for this litigation; 11 (b) Experts of the Receiving Party to whom disclosure is reasonably necessary 12 for this litigation and who have signed the “Acknowledgment and Agreement to Be 13 Bound” (Exhibit A); 14 15 (c) the court and its personnel. 10. If any person or entity covered by this protective order is served with a subpoena 16 or a court order issued in other litigation that compels disclosure of any information or items 17 designated by Defendants as “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” pursuant to 18 this Protective Order that Party must: 19 20 21 (a) promptly notify the Defendants in writing or by email. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order to 22 issue in the other litigation that some or all of the material covered by the subpoena or 23 order is subject to this Protective Order. Such notification shall include a copy of this 24 Stipulated Protective Order; 25 (c) If Defendants timely seek a protective order, the Party served with the 26 subpoena or court order shall not produce any information designated as 27 “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” before a determination by the court 28 from which the subpoena or order issued, unless the subpoenaed Party has obtained 29 30 [PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW 1 Defendants’ permission to produce the information. The Defendants shall bear the 2 burden and expense of seeking protection in that court of its confidential material – and 3 nothing in these provisions should be construed as authorizing or encouraging a 4 Receiving Party in this action to disobey a lawful directive from another court. 5 (d) If Defendants do not timely move for a protective order, the Party served with 6 the subpoena may produce the subpoenaed material notwithstanding the terms of this 7 Protective Order. 8 11. If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 9 Protected Material to any person or in any circumstance not authorized under this Stipulated 10 Protective Order, the Receiving Party must immediately (a) notify in writing the Designating 11 Party of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies 12 of the Protected Material, (c) inform the person or persons to whom unauthorized disclosures 13 were made of all the terms of this Order, and (d) request such person or persons agree to 14 execute the “Acknowledgement and Agreement to Be Bound” that is attached hereto as Exhibit 15 A. 16 12. Within 60 days after the conclusion of this litigation, any Protected Material 17 designated by Defendants as “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” pursuant to 18 this Protective Order, including copies, that remains in Plaintiffs’ possession shall be destroyed 19 or returned to Defendants. 20 13. Any person or entity who receives Protected Material designated by Defendants 21 as “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” pursuant to this Protective Order shall 22 only use it in this litigation and not for any other purpose, including other litigation. 23 14. Any Protected Material designated by Defendants as “CONFIDENTIAL - 24 ATTORNEYS’ EYES ONLY” pursuant to this Protective Order filed with the Court shall be 25 filed under seal, labeled with a cover sheet bearing the case name and number along with the 26 following statement: “This document is subject to a protective order issued by the Court and 27 shall not be copied or examined except in compliance with that order.” Documents so labeled 28 shall be kept by the Clerk of the Court under seal and shall be made available only to the 29 30 [PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW 1 Court, the Court-appointed expert witness, or counsel. If the filing party fails to file Protected 2 Material under seal, any party may request that the Court place the document under seal. 3 15. No person who has been afforded access to Protected Material designated by 4 Defendants as “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” pursuant to this Protective 5 Order shall disclose or discuss the information to or with any person except in accordance with 6 this Protective Order. 7 16. Nothing in this Protective Order is intended to prevent officials or employees of 8 the State of California or other authorized government officials from having access to 9 information to which they have access in the normal course of their official duties. 10 17. The provisions of this Protective Order are without prejudice to any party’s right 11 to 1) apply to the Court for a further protective order relating to any information or relating to 12 discovery in this litigation; 2) apply to the Court for an order removing Protected Material 13 from any documents; 3) apply to the Court for an order removing the designation of 14 “Protected Material” made by Defendants from a document; 4) object to a discovery request; 15 or 5) apply to the Court to modify or rescind this Protective Order. 16 17 18. The provisions of this Protective Order shall remain in full force and effect until further order of this Court. 18 19 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 20 21 22 Dated: June 25, 2014 KAMALA D. HARRIS Attorney General of California JAY C. RUSSELL Supervising Deputy Attorney General 23 24 25 26 __/s/___________________________ JAY M. GOLDMAN Supervising Deputy Attorney General Attorneys for Defendants 27 28 29 30 [PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW 1 Dated: June 25, 2014 PRISON LAW OFFICE 2 3 _______/S/_______________________ REBEKAH EVENSON Attorneys for Plaintiffs 4 5 6 7 8 PURSUANT TO STIPULATION, IT IS SO ORDERED. 9 10 11 12 DATED: ________________________ July 1, 2014 _____________________________________ The Hon. Claudia Wilken United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 [PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 ______________________________________________________ [print or type full address], declare under 5 penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued 6 by the United States District Court for the Northern District of California on _____________________[date] in 7 the case of Armstrong, et. al. v. Brown, et. al., United States Northern District Court Case No. C 94-2307 CW. 8 I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and 9 acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. 10 I solemnly promise that I will not disclose in any manner any information or item that is subject to this 11 Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the Northern District of 13 California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement 14 proceedings occur after termination of this action. 15 I hereby appoint __________________________ [print or type full name] of 16 ___________________________________________________________________[print or type full address 17 and telephone number] as my California agent for service of process in connection with this action or any 18 proceedings related to enforcement of this Stipulated Protective Order. 19 20 Date: _________________________________ 21 City and State where sworn and signed: _________________________________ 22 Printed name: ______________________________ Signature: __________________________________ 23 24 25 26 27 28 29 30 [PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW 1 As required by Local Rule 5-1, I, Rebekah Evenson, attest that I obtained concurrence 2 in the filing of this document from Jay M. Goldman and that I have maintained records to 3 support this concurrence. 4 5 6 7 June 25, 2014 PRISON LAW OFFICE /s/ Rebekah evenson By: Rebekah Evenson Attorneys for Plaintiffs 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 [PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW

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