Oliver v. City and County of San Francisco et al

Filing 23

ORDER granting re 22 Stipulated Protective Order filed by Derrick R. Jackson, City and County of San Francisco, Parker. Signed by Judge Claudia Wilken on 5/29/09. (scc, COURT STAFF) (Filed on 5/29/2009)

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DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy ROBERT A. BONTA, State Bar #202668 Deputy City Attorney Fox Plaza 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO POLICE OFFICER DERRICK JACKSON, SAN FRANCISCO POLICE OFFICER BARRY PARKER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BRENT OLIVIER, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, a municipal entity, SAN FRANCISCO POLICE DEPARTMENT, POLICE OFFICER DERRICK R. JACKSON, POLICE OFFICER PARKER, and DOES 1-100, jointly and severally, Defendants. Trial Date: Action Filed: July 19, 2010 September 16, 2008 Case No. 08-CV-04338-CW STIPULATED PROTECTIVE ORDER

STIPULATION RE PROTECTIVE ORDER USDC CASE NO. 08-cv-04338-CW (OAK)

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Pursuant to Federal Rule of Civil Procedure 26(c) the parties have met and conferred and agree that the discovery of CONFIDENTIAL INFORMATION in this matter be made pursuant to the terms of this PROTECTIVE ORDER. GOOD CAUSE APPEARING, the parties stipulate, though their attorneys of record, to the entry of an order as follows: 1. CONFIDENTIAL INFORMATION, within the meaning of this PROTECTIVE

ORDER, shall include all documents containing peace officer personnel records, official information and any other such documents that defendants in good faith have determined to be confidential. Defendants shall attempt to stamp "Confidential" on all such documents prior to production. In the event that any CONFIDENTIAL INFORMATION is inadvertently not stamped as "Confidential" by defendants, the party who notices this oversight shall nonetheless treat such documents as CONFIDENTIAL INFORMATION. Such party shall also immediately make the labeling oversight known to the other parties and the documents shall immediately be stamped as "Confidential" and treated as such, as per this order. 2. The CONFIDENTIAL INFORMATION shall not be exhibited, displayed or otherwise

disclosed by Plaintiff's Counsel (or authorized persons described in Section 7) to other persons except as specifically provided herein. 3. All documents, including, but not limited to, audiotapes, videotapes, photographs,

transcripts, etc., related to the criminal investigation incidental to the event forming the basis of this lawsuit shall be also be deemed CONFIDENTIAL INFORMATION, within the meaning of this stipulation. 4. Plaintiff may challenge defendants' designation of a particular document as

CONFIDENTIAL INFORMATION by filing an appropriate motion, under seal, with the Court. The parties agree that the prevailing party in a motion to remove the confidential designation shall waive any entitlement to monetary sanctions, including attorney's fees. 5. Unless disclosure is ordered by the Court, attorneys for defendants shall have the sole

authority to determine that documents subject to the PROTECTIVE ORDER are no longer

STIPULATION RE PROTECTIVE ORDER USDC CASE NO. 08-cv-04338-CW (OAK)

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considered CONFIDENTIAL INFORMATION and will advise counsel for plaintiff in writing if this determination is made. 6. Any CONFIDENTIAL INFORMATION that is disclosed or produced by any party or

non party in connection with this case may be used only for prosecuting, defending, or attempting to settle this litigation. CONFIDENTIAL INFORMATION may be disclosed only to the categories of persons and under the conditions described in this Order. When the litigation has been terminated, all parties or non parties that have received CONFIDENTIAL INFORMATION must comply with the provisions of Section 13, below. All parties or non parties that have received CONFIDENTIAL INFORMATION must store and maintain it in a secure manner that ensures that access is limited to the persons authorized under this Order. 7. Plaintiff's Counsel may exhibit, discuss, and/or disclose CONFIDENTIAL

INFORMATION only to the following categories of person and no other unless authorized by order of the Court: a. b. Plaintiff's Counsel; Experts, investigators or consultants retained by Plaintiff's Counsel to assist in the

evaluation, preparation, or trial of this case; however, before any expert, investigator, or consultant is permitted to review the CONFIDENTIAL INFORMATION, such individual must agree to comply with the terms of this PROTECTIVE ORDER by executing the document attached as Exhibit A. Plaintiff's counsel shall file and serve that document upon its execution; however, Plaintiff's counsel shall not be required to file any Agreement to Comply any earlier than the date that Expert Disclosures are required to be made. Experts, investigators, and consultants shall not have any power to authorize further disclosure of CONFIDENTIAL INFORMATION to any other person. 8. Counsel for Plaintiff may not provide originals or copies of the CONFIDENTIAL

INFORMATION to plaintiff absent the written agreement of counsel for the City or a court order, subject to the following: a. For purposes of evaluating the settlement value or potential jury verdict, counsel for

Plaintiff may discuss the general nature of the CONFIDENTIAL INFORMATION with plaintiff
STIPULATION RE PROTECTIVE ORDER USDC CASE NO. 08-cv-04338-CW (OAK)

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without disclosing any identifying details about a specific incident or any documents. Plaintiff's counsel may also review with a plaintiff any statement or interview given by that plaintiff. 9. Unless otherwise stipulated to by defendants, any use of CONFIDENTIAL

INFORMATION or comment on the substance of any CONFIDENTIAL INFORMATION in any papers or pleadings filed with the Court, shall be filed under seal pursuant to the Court's rules and procedures (see Northern District of California Civil Local Rule 79-5). The sealed envelopes shall be endorsed with the caption of this litigation, and an indication of the nature of the contents of the envelopes and a statement substantially in the following form: "This envelope contains documents that are filed in this case pursuant to a Protective Order and are not to be opened nor the contents thereof to be displayed or revealed except by further order of the Court or written consent of the City and County of San Francisco." 10. In the event any person desires to exhibit documents or disclose CONFIDENTIAL

INFORMATION covered under this stipulation during trial or pretrial proceedings, such person shall meet and confer with counsel for defendants to reach an agreement, in accordance with the Court's rules and procedures, on an appropriate method for disclosure, and if defendants do not agree to such disclosure, such CONFIDENTIAL INFORMATION shall not be disclosed unless authorized by order of the Court. Unless otherwise agreed, transcripts and exhibits that incorporate or reference CONFIDENTIAL INFORMATION covered under this stipulation shall be treated as CONFIDENTIAL INFORMATION that is subject to the provisions of this PROTECTIVE ORDER. The Court Reporter shall mark as "Confidential" any deposition or hearing transcript that contains any CONFIDENTIAL INFORMATION or any reference to CONFIDENTIAL INFORMATION. 11. If a party who has received CONFIDENTIAL INFORMATION learns that, by

inadvertence or otherwise, it has disclosed CONFIDENTIAL INFORMATION to any person or in any circumstance not authorized under this PROTECTIVE ORDER, the party must immediately (a) notify the San Francisco City Attorney's Office in writing of the unauthorized disclosures, (b) use its best efforts to retrieve all copies of the CONFIDENTIAL INFORMATION, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the document that is attached hereto as Exhibit A.
STIPULATION RE PROTECTIVE ORDER USDC CASE NO. 08-cv-04338-CW (OAK)

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12.

Any inadvertent disclosure made in violation of this PROTECTIVE ORDER does not

constitute a waiver of the terms of this PROTECTIVE ORDER, except by written agreement of the parties, or further order of this Court. 13. All documents covered by this PROTECTIVE ORDER and copies thereof (including

those in the possession of experts, consultants, investigators, etc.) will be returned to the San Francisco City Attorney's Office at the termination of this litigation, through final judgment, appeal, or by whatever means resolved. On final disposition of this case, plaintiff's counsel, and all other persons subject to this Order (including experts, consultants, and investigators), shall within 30 days after the final disposition of this case, without request or further order of this Court, return all CONFIDENTIAL INFORMATION to the Deputy City Attorney of record in this matter. The provisions of this PROTECTIVE ORDER shall, without further order of the Court, continue to be binding after the conclusion of the action, and this Court will have jurisdiction to enforce the terms of this PROTECTIVE ORDER. 14. Should plaintiff fail to comply with this PROTECTIVE ORDER, plaintiff and

plaintiff's counsel shall be liable for all costs associated with enforcing this agreement, including but not limited to all attorney fees in amounts to be determined by the Court. Plaintiff and plaintiff's counsel may also be subject to additional sanctions or remedial measures, such as contempt, evidentiary or terminating sanctions. IT IS SO STIPULATED.

STIPULATION RE PROTECTIVE ORDER USDC CASE NO. 08-cv-04338-CW (OAK)

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STIPULATION RE PROTECTIVE ORDER USDC CASE NO. 08-cv-04338-CW (OAK)

Dated: May 26, 2009 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy ROBERT A. BONTA Deputy City Attorney /s/ ROBERT A. BONTA Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO POLICE OFFICER DERRICK JACKSON, SAN FRANCISCO POLICE OFFICER BARRY PARKER Dated: May 26, 2009

By: DAVID M. HELBRAUN Attorneys for Plaintiff ORDER

Pursuant to this stipulation, IT IS SO ORDERED May 29, 2009 Dated: ______________

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EXHIBIT A AGREEMENT TO COMPLY WITH STIPULATED PROTECTIVE ORDER FOR CONFIDENTIAL INFORMATION , have read and understand the Court's Protective Order for

CONFIDENTIAL INFORMATION. I agree to abide by all terms of the Order. In addition, I specifically understand and agree to the following: 1. I will not disclose the CONFIDENTIAL INFORMATION to any other person. I understand that I have no power to authorize any other person to review the

CONFIDENTIAL INFORMATION. 3. 4. I agree not to make copies of the CONFIDENTIAL INFORMATION. I agree to return the CONFIDENTIAL INFORMATION to the counsel for the party that

produced it, at or before the conclusion of this litigation. 5. I understand that if I violate any of the terms of the Protective Order, then Plaintiff, Plaintiff's

Counsel, and I may be subject to sanctions or possible contempt. 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION RE PROTECTIVE ORDER USDC CASE NO. 08-cv-04338-CW (OAK)

AGREED: DATE SIGNATURE PRINT NAME

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