Holmes v. United States of America

Filing 56

STIPULATION AND ORDER re 55 Stipulation filed by United States of America. Signed by Judge Edward M. Chen on 3/26/10. (bpfS, COURT STAFF) (Filed on 3/26/2010)

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1 2 3 4 5 6 7 8 JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division JENNIFER S WANG (CSBN 233155) Assistant United States Attorney THOMAS GREEN (CSBN 203480) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495 Telephone: (415) 436-6967 Facsimile: (415) 436-6748 Email: jennifer.s.wang@usdoj.gov Attorneys for the Federal Defendant 9 10 11 12 13 14 Attorneys for Plaintiff 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 OAKLAND DIVISION 19 MONICA HOLMES, 20 21 22 23 24 25 26 27 28 ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ___________________________________ ) No. C 08-5619 PJH (EMC) STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE: CONFIDENTIALITY OF SAN FRANCISCO POLICE DEPARTMENT PHOTOGRAPHS SHOWING BODY OF MONTY HOLMES BAUM & BLAKE DAVID B. BAUM (State Bar No. 28506) MARTIN BLAKE (State Bar No. 98021) One Market Plaza Steuart Tower, Suite 1030 San Francisco, California 94105 Telephone: (415) 956-5544 Facsimile: (415) 956-5547 Email: dbb@baumblake.com Subject to the approval of this Court, plaintiff MONICA HOLMES and defendant UNITED STATES OF AMERICA (collectively the "Parties"), by and through their undersigned counsel, hereby stipulate to the following protective order: STIPULATED ORDER For the purposes of this stipulation, all documents produced or obtained in this litigation from 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 the San Francisco Police Department ("SFPD") in response to discovery requests made under the Federal Rules of Civil Procedure or made pursuant to any disclosure requirement that include photographs showing the body of Monty Holmes at the scene of the accident at issue in this case (the "Photographs") shall be subject to the following restrictions: 1. The SFPD shall carefully black out the body of Monty Holmes, and only the body of Monty Holmes, from the Photographs, so that the Parties can still see the outline of the body and its precise location at the scene of the accident; 2. The Photographs and the information contained therein shall be used only for purposes of this litigation and not for any other purpose; 3. Neither the Photographs nor the information contained therein shall be disclosed to anyone other than (a) the defendant's attorney and the attorney's staff; (b) the plaintiff's attorney and the attorney's staff; (c) the parties; (d) actual or potential third-party witnesses; (e) outside experts or consultants retained by any of the parties or their counsel for purposes of this litigation; (f) professional vendors to whom disclosure is reasonably necessary for this litigation; (g) the Court and its staff, in further proceedings herein; (h) stenographic deposition reporters; and (i) other persons whom the parties mutually agree upon in writing; 4. There shall be no reproduction of the Photographs, except that, as required by the litigation, copies, excerpts, or summaries may be shown to those authorized in Paragraph 2; 5. Except as otherwise provided in Paragraphs 2 and 3, all of the Photographs shall remain in the custody of defendant's attorney during the pendency of the litigation; 6. Upon final determination of this litigation, including all appeals, all of the Photographs, including copies, extracts or summaries thereof, shall either be destroyed or returned to the party or person furnishing the same. Notwithstanding this paragraph, however, the defendant's attorney may retain one copy of each pleading and other document filed with the Court that contains any of the Photographs covered by this Order. Furthermore, nothing in this paragraph shall be construed to require defendant or defendant's attorney to turn over any attorney workproduct; and 7. This Stipulation and Protective Order is without prejudice to the right of any party to seek STIP RE: PROTECTIVE ORDER C 0 8 -5 6 1 9 PJH (EM C ) 2 1 2 3 4 5 6 7 8 9 modification of it from the Court. It shall remain in effect until such time as it is modified, amended or rescinded by the Court and shall survive termination of this action. The Court shall have continuing jurisdiction to modify, amend, or rescind this Stipulation and Protective Order notwithstanding the termination of this action. IT IS SO STIPULATED. JOSEPH P. RUSSONIELLO United States Attorney March 24, 2010 10 11 12 13 March 23, 2010 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIP RE: PROTECTIVE ORDER C 0 8 -5 6 1 9 PJH (EM C ) /s/ THOMAS R. GREEN Assistant United States Attorney Attorneys for Defendant /s/ DAVID BAUM BAUM & BLAKE Attorney for Plaintiff PURSUANT TO STIPULATION, APPROVED AND SO ORDERED. 3/26/10 DATED: _________________ UNIT ED EDWARD M. CHEN United States Magistrate Judge S S DISTRIC TE___________T_C _________________ _ TA ER N F D IS T IC T O R 3 A C LI FO dwar Judge E d M. Ch en R NIA OO IT IS S RDERE D RT U O NO RT H

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