Marilley v. McCamman et al

Filing 113

Order by Magistrate Judge Donna M. Ryu granting 112 Stipulation.(dmrlc1, COURT STAFF) (Filed on 11/13/2012)

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KAMALA D. HARRIS
Attorney General of California
ROBERT W. BYRNE
Supervising Deputy Attorney General
CECILIA L. DENNIS, SBN 201997
M. ELAINE MECKENSTOCK, SBN 268861
Deputy Attorneys General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant

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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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KEVIN MARILLEY; SALVATORE
PAPETTI; SAVIOR PAPETTI, on behalf of
themselves and similarly situated,

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v.

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11-CV-2418-DMR

STIPULATION AND [PROPOSED]
PROTECTIVE ORDER REGARDING
Plaintiffs, DELIBERATIVE DISCOVERY
DOCUMENTS
Judge

CHARLTON H. BONHAM, in his official
capacity;

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The Honorable Donna M. Ryu

Trial Date: September 3, 2013
Action Filed: May 18, 2011

Defendant.

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RECITALS

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WHEREAS, pursuant to the Court’s September 19, 2012, ruling on Plaintiffs’ motion to

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compel (Doc. 102), Defendant has produced all deliberative documents identified on its privilege

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log.

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WHEREAS, Defendant has produced additional documents similar to those identified on

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Defendant’s privilege log, including but not limited to numerous draft enrolled bill reports and

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bill analyses, staff notes, and e-mails regarding proposed legislation.

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING DELIBERATIVE DISCOVERY
DOCUMENTS (11-CV-2418)

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WHEREAS, Defendant has produced the above identified documents with a “Subject to
Protective Order” seal.
WHEREAS, Defendant has an interest in maintaining the confidentiality of the above
identified documents and any further deliberative documents he produces.
STIPULATION

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ACCORDINGLY, THE PARTIES STIPULATE AND AGREE AS FOLLOWS:

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1.

Plaintiffs shall use documents produced by Defendant with the seal “Subject to

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Protective Order” solely and exclusively for the purposes of this litigation and any subsequent

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appeal and for no other purpose whatsoever, and shall in no event use such documents for any

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subsequent business, competitive, personal, private, public, or other purpose, except as required

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by law.

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2.

Any person to whom Plaintiffs’ attorneys show or provide copies of the documents

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described in paragraph 1 above must receive a copy of this Order and sign the Certification,

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attached hereto as Exhibit A, before being shown or receiving the documents described in

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paragraph 1 above.

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3.

Paragraph 2 does not apply (a) to Department of Fish and Game employees, or (b) to

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witnesses being shown the documents only at deposition. To the extent documents are shown to

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witnesses only at deposition, Plaintiffs’ attorneys shall advise the witness of the confidential

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nature of these documents, and the restrictions placed on revealing and/or discussing such

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documents with persons who are not subject to and/or in compliance with the terms of this Order.

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The handling at trial of documents identified in paragraph 1 shall be governed by applicable legal

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authorities.

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4.

Any person being shown or receiving documents described in paragraph 1 above shall

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not reveal to or discuss such documents with any person who is not subject to, and in compliance

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with, the terms of this Order. This provision shall continue to be binding after conclusion of this

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action.

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//

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING DELIBERATIVE DISCOVERY
DOCUMENTS (11-CV-2418)

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5.

Plaintiffs’ attorneys certify that procedures are in place at their firm, offices or other

places where they conduct business, as well as at their residences if they take the documents
home in any form, to prevent unauthorized disclosure of the documents.
6.

Plaintiffs’ attorneys certify that they will maintain the original Certifications signed

pursuant to this protective order.
7.

Within 60 days after the conclusion of this litigation, including any appeal, Plaintiffs

attorneys shall destroy all documents in their possession identified in paragraph 1.
8.

This Protective Order does not limit or supersede the protective orders entered in this

case on December 1, 2011 (Doc. 57) and March 30, 2012 (Doc. 86).
9.

Nothing herein shall be deemed to waive any applicable privilege or work product

protection, or to affect the ability of Defendant to seek relief for an inadvertent disclosure of
material protected by privilege or work product protection.
Dated: November 6, 2012

KAMALA D. HARRIS
Attorney General of California
ROBERT W. BYRNE
Supervising Deputy Attorney General

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/s/ Cecilia L. Dennis
CECILIA L. DENNIS
Deputy Attorney General
Attorneys for Defendant

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Dated:November 6, 2012

GROSS LAW

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/s/ Stuart G. Gross
______________________________
Stuart G. Gross (SBN 251019)
[e-mail]
The Embarcadero, Pier 9, Suite 100
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING DELIBERATIVE DISCOVERY
DOCUMENTS (11-CV-2418)

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/s/ Jared M. Galanis
______________________________
Jared M. Galanis (SBN 238549)
[e-mail]
The Embarcadero, Pier 9, Suite 100
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Counsel for Plaintiffs and Class

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PURSUANT TO STIPULATION, IT IS SO ORDERED,

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UNIT
ED

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RT

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M. Ryu

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FO

SF2011201820

onna
Judge D

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_________________________________
MAGISTRATE JUDGE DONNA RYU

November 13, 2012

NO

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IT IS S

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING DELIBERATIVE DISCOVERY
DOCUMENTS (11-CV-2418)

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EXHIBIT A

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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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KEVIN MARILLEY; SALVATORE
PAPETTI; SAVIOR PAPETTI, on behalf of
themselves and similarly situated,

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Plaintiffs,

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CERTIFICATION

v.

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11-CV-2418-DMR

CHARLTON H. BONHAM, in his official
capacity;
Defendant.

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I hereby certify my understanding that documents with the seal “Subject to Protective

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Order” (hereinafter “Protected Documents”) are being provided to me pursuant to the terms and

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restrictions of the Protective Order Regarding Deliberative Discovery Documents in the above

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matter (hereinafter “Protective Order”). I have been given a copy of the Protective Order and

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read it. I agree to be bound by the Protective Order. I will not reveal the Protected Documents to

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anyone, except as allowed by the Protective Order. I will maintain all such Protected

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Documents—including copies, notes, or other transcriptions made therefore—in a secure manner

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to prevent unauthorized access to them. If any Protected Documents are lost, stolen or misplaced

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while in my custody, I will immediately notify counsel who provided me with the documents. No

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later than 30 days after the conclusion of this action, I will return the Protected Documents—

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including copies, notes, or other transcriptions made—to counsel who provided me with the

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documents. I hereby

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//

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//

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING DELIBERATIVE DISCOVERY
DOCUMENTS (11-CV-2418)

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consent to the jurisdiction of the United States District Court for the Northern District of
California for the purpose of enforcing the Protective Order.

Printed Name: _________________________________

Signature: ____________________________________

Dated: _______________________________________

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING DELIBERATIVE DISCOVERY
DOCUMENTS (11-CV-2418)