Kirola et al v. City & County of San Francisco, The et al

Filing 155

STIPULATION AND PROTECTIVE ORDER. Signed by Magistrate Judge Edward M. Chen on 2/17/10. (bpf, COURT STAFF) (Filed on 2/17/2010) Modified on 2/18/2010 (jlm, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Guy B. Wallace, State Bar No. 176151 Mark T. Johnson, State Bar No. 76904 Andrew P. Lee, State Bar No. 245903 SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY LLP 180 Montgomery Street, Suite 2000 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] James C. Sturdevant, State Bar No. 94551 Monique Olivier, State Bar No. 190385 Whitney B. Huston, State Bar No. 234863 THE STURDEVANT LAW FIRM A Professional Corporation 354 Pine Street, Fourth Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] Attorneys for Plaintiffs and the Proposed Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA IVANA KIROLA, et al., Plaintiffs, vs. THE CITY AND COUNTY OF SAN FRANCISCO ("the CITY"), et al.; Defendants Case No.: C07-3685 SBA CLASS ACTION STIPULATION AND [PROPOSED] ORDER RE PRODUCTION AND CONFIDENTIALITY OF DOCUMENTS SUBJECT TO HEALTH & SAFETY CODE § 19851 [Civil L.R. 6-3] Courtroom: Judge: C, 15th Floor Magistrate Judge Edward M. Chen

Trial Date: May 24, 2010 Merits Discovery Cutoff: February 26, 2010 Expert Discovery Cutoff: March 12, 2010 Complaint Filed: July 17, 2007
STIPULATION AND [PROPOSED] ORDER RE PRODUCTION AND CONFIDENTIALITY OF DOCUMENTS SUBJECT TOP HEALTH & SAFETY CODE § 19851 KIROLA ET AL. V. CITY AND COUNTY OF SAN FRANCISCO, ET AL., CASE NO. 4:07-CV-03685 SBA (EMC)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WHEREAS, Plaintiffs have requested that the City produce certain documents, as specified in a January 29, 2010 email from Guy B. Wallace to Elaine O'Neil and which include any permit documents and approved plans (particularly the architectural drawings), for certain buildings or facilities identified by Plaintiffs with respect to major projects since January 1993 of a valuation of $500,000; WHEREAS, California Health & Safety Code section 19851 places certain restrictions on the circumstances under which copies may be made of the official plans provided for under section 19850 that are required to be maintained by the building department of every city or county for the buildings for which the department issues permits; WHEREAS, California Health & Safety Code section 19851 specifically provides, as relevant here, that such plans shall be open for inspection only on the premises of the building department and may not be duplicated except (1) with the written permission of the licensed professional who signed the original documents and the original or current owner of the building, or (2) by order of a proper court; and WHEREAS, the City considers it necessary, for security reasons, to provide for the confidential treatment and limited reproduction of copies or print outs of plans, schematics, or drawings of public buildings; THEREFORE, IT IS HEREBY STIPULATED, by and between the parties to this action, through their respective counsel, as follows: 1. The City, through its Department of Building Inspection ("DBI"), will make available to Plaintiffs for inspection and copying, all final plans, building permits and as-built drawings for the following buildings or facilities with respect to major projects since January 1993 of a valuation of $500,000 or more for which Plaintiffs have requested such documents: Academy of Sciences de Young Museum Glen Park Canyon Hamilton Playground Howard and Langton Mini Park
STIPULATION AND [PROPOSED] ORDER RE PRODUCTION AND CONFIDENTIALITY OF DOCUMENTS SUBJECT TO HEALTH & SAFETY CODE § 19851 KIROLA ET AL. V. CITY AND COUNTY OF SAN FRANCISCO, ET AL., CASE NO. 4:07-CV-03685 SBA (EMC) 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Lessing and Sears Mini Park Louis Sutter Playground Strybring Arboretum Minne and Lovie Ward Recreation Center War Memorial Veteran's Building 2. To the extent that the parties agree or the Court orders that additional documents of the same description need to be produced for the following facilities, this Stipulation and Proposed Order shall also cover such documents for those facilities: 101 Grove Chinatown Library Excelsior Library Glen Bark Library Main Library 3. Such documents shall be made available during the regular business hours of DBI , i.e. between 8 a.m. and 5 p.m. For documents available only on microfilm, DBI will identify and make available all reels of 35mm microfilm on which the requested documents are contained. Plaintiffs will provide their own microfilm reader, printer, and paper for printing documents from the microfilm reader. For documents contained in DBI's "PaperVision" database, DBI will provide access to a computer and the database. DBI will also provide Plaintiffs with the same instructions for using this database provided to members of the public who are given access to the database. Documents printed from the database will be charged at the ordinary rate for documents requested by subpoena of: $5.25 per page for plans (11 x 14) $.20 per page for other documents (8.5 x 11) Plaintiffs will pay DBI for the costs of printing these documents before they leave the premises of DBI. 4. Plaintiffs agree that they will only copy or print out documents relating to the buildings or facilities identified above in paragraph 1.

STIPULATION AND [PROPOSED] ORDER RE PRODUCTION AND CONFIDENTIALITY OF DOCUMENTS SUBJECT TO HEALTH & SAFETY CODE § 19851 KIROLA ET AL. V. CITY AND COUNTY OF SAN FRANCISCO, ET AL., CASE NO. 4:07-CV-03685 SBA (EMC) 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

5. The City, through DBI, has gathered the final plans, building permits and as-built drawings for each of the following buildings or facilities with respect to major projects since January 1993 of a valuation of $500,000 or more for which Plaintiffs have requested such documents, and will make these documents available to Plaintiffs for inspection and copying: War Memorial Opera House Davies Symphony Hall Conservatory of Flowers Japanese Tea Garden Eureka Valley Recreation Center Sunnyside Conservatory Joseph Lee Recreation Center and Playground Sava Pool Mission Pool 5. The official copy of the plans provided for under California Health and Safety Code section 19850 for any of the buildings or facilities for which Plaintiffs have requested such documents, including any official copy of plans that have already been produced to Plaintiffs, may be duplicated in whole or in part by Plaintiffs pursuant to this order. By obtaining this order, the City and DBI comply with their obligations under California Health and Safety Code section 19851. 6. Any copies or printouts of plans, schematics, or drawings obtained by Plaintiffs, including any plans, schematics, or drawings already gathered and/or produced by DBI, will be treated as confidential by Plaintiffs, as follows: a. Plaintiffs will maintain control over all such documents and will not provide copies to other persons except as is reasonably necessary or appropriate in the prosecution of this case. b. If Plaintiffs make copies available to their experts, consultants or other persons in the course of prosecution of this case they will do so under an agreement that requires that those persons return or destroy the documents when they no longer require their use for this case.
STIPULATION AND [PROPOSED] ORDER RE PRODUCTION AND CONFIDENTIALITY OF DOCUMENTS SUBJECT TO HEALTH & SAFETY CODE § 19851 KIROLA ET AL. V. CITY AND COUNTY OF SAN FRANCISCO, ET AL., CASE NO. 4:07-CV-03685 SBA (EMC) 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

c.

Plaintiffs will return or destroy all copies of such documents at the conclusion of the case.

d.

Until such time as a protective order is entered, Plaintiffs shall treat any plans or schematics produced by the City or obtained from DBI as for "attorneys eyes only," including experts.

SO STIPULATED, Date: February 17, 2010 SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY LLP /s/ Mark T. Johnson Mark T. Johnson Attorneys for Plaintiffs

By:

OFFICE OF THE CITY ATTORNEY

By:

______/s/ Danny Chou_________________ Danny Chou Chief of Complex and Special Litigation For Defendant City and County of San Francisco

ORDER Good cause appearing, the parties' Stipulation is hereby approved. IT IS SO ORDERED,

ER

N

STIPULATION AND [PROPOSED] ORDER RE PRODUCTION AND CONFIDENTIALITY OF DOCUMENTS SUBJECT TO HEALTH & SAFETY CODE § 19851 KIROLA ET AL. V. CITY AND COUNTY OF SAN FRANCISCO, ET AL., CASE NO. 4:07-CV-03685 SBA (EMC) 4

F D IS T IC T O R

A

C

LI

FO

Honorable Edward M. Chen Magistrate Judge ard M. Chen dw Judge E

R NIA

17 Dated: February _____, 2010

UNIT ED

ERED O ORD ___________________________________ IT IS S

S

S DISTRICT TE C TA

RT U O

NO

RT

H