Mikich et al v. County of San Francisco et al

Filing 40

Order by Magistrate Judge Donna M. Ryu granting 39 Stipulation.(dmrlc2, COURT STAFF) (Filed on 11/9/2012)

Case4:11-cv-04629-DMR Document39 Filed11/08/12 Page1 of 7

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar # 164194
Chief Trial Attorney
DONALD P. MARGOLIS, State Bar #116588
JOSHUA S. WHITE, State Bar #223237
Deputy City Attorneys
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone: [phone] [Margolis]
Telephone:
[phone] [White]
Facsimile:
[phone]
E-Mail:
[e-mail]
E-Mail:
[e-mail]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, BONNIE
DICKERSON, DAN PHILLIPS, BRANDI WOOLERY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
CHARLES MIKICH and ALEXIS MIKICH,
Plaintiffs,

Case No. 11-cv-04629 DMR
STIPULATED PROTECTIVE ORDER

vs.
COUNTY OF SAN FRANCISCO, BONNIE
DICKERSON, DAN PHILLIPS, BRANDI
WOOLERY, and DOES 1 – 10, inclusive,
Defendants.

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STIPULATION
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:

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Stipulated Protective Order
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1.

CONFIDENTIAL INFORMATION, within the meaning of this PROTECTIVE ORDER, shall

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include all documents containing peace officer personnel records, official information and any other

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such documents that defendants in good faith have determined to be confidential. Defendants shall

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attempt to stamp “Confidential” on all such documents prior to production. In the event that any

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CONFIDENTIAL INFORMATION is inadvertently not stamped as “Confidential” by defendants, the

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party who notices this oversight shall nonetheless treat such documents as CONFIDENTIAL

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INFORMATION. Such party shall also immediately make the labeling oversight known to the other

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parties and the documents shall immediately be stamped as “Confidential” and treated as such, as per

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this order.

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2.

The CONFIDENTIAL INFORMATION shall not be exhibited, displayed or otherwise

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disclosed by Plaintiff’s Counsel (or authorized persons described in Section 7) to other persons except

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as specifically provided herein.

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3.

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INFORMATION by filing an appropriate motion, under seal, with the Court. The parties agree that

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the prevailing party in a motion to remove the confidential designation shall waive any entitlement to

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monetary sanctions, including attorney’s fees.

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4.

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

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CONFIDENTIAL INFORMATION and will advise counsel for plaintiff in writing if this

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determination is made.

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5.

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party in connection with this case may be used only for prosecuting, defending, or attempting to settle

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this litigation. CONFIDENTIAL INFORMATION may be disclosed only to the categories of persons

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and under the conditions described in this Order. When the litigation has been terminated, all parties

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or non parties that have received CONFIDENTIAL INFORMATION must comply with the provisions

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of Section 13, below.

Plaintiff may challenge defendants’ designation of a particular document as CONFIDENTIAL

Unless disclosure is ordered by the Court, attorneys for defendants shall have the sole authority

Any CONFIDENTIAL INFORMATION that is disclosed or produced by any party or non

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Stipulated Protective Order
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6.

All parties or non parties that have received CONFIDENTIAL INFORMATION must store

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and maintain it in a secure manner that ensures that access is limited to the persons authorized under

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this Order.

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7.

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only to the following categories of person and no other unless authorized by order of the Court:

Plaintiff’s Counsel may exhibit, discuss, and/or disclose CONFIDENTIAL INFORMATION

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a.

Plaintiff’s Counsel;

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b.

Experts, investigators or consultants retained by Plaintiff’s Counsel to assist in the

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evaluation, preparation, or trial of this case; however, before any expert, investigator, or consultant is

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permitted to review the CONFIDENTIAL INFORMATION, such individual must agree to comply

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with the terms of this PROTECTIVE ORDER by executing the document attached as Exhibit A.

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Plaintiff’s counsel shall serve that document on Defendants’ counsel upon its execution; however,

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Plaintiff’s counsel shall not be required to serve any Agreement to Comply any earlier than the date

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that Expert Disclosures are required to be made. Experts, investigators, and consultants shall not have

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any power to authorize further disclosure of CONFIDENTIAL INFORMATION to any other person.
c.

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Plaintiff; however, Plaintiff’s counsel may not provide originals or copies of the

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CONFIDENTIAL INFORMATION to Plaintiff for his own retention during the course of this

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litigation, but may show documents containing CONFIDENTIAL INFORMATION to Plaintiff.

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Plaintiff is bound by this Protective Order to the same extent as Plaintiff's counsel, and may not

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exhibit, discuss, and/or disclose CONFIDENTIAL INFORMATION to any individual other than

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Plaintiff's counsel and those experts, investigators or consultants retained by Plaintiff’s Counsel who

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have agreed to be bound by this Protective Order and executed the document attached as Exhibit A.

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8.

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shall be filed under seal pursuant to the Court’s rules and procedures (see Northern District of

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California General Order No. 62 and Civil Local Rule 79-5).

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9.

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covered under this stipulation during pretrial proceedings, such person shall meet and confer with

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counsel to reach an agreement, in accordance with the Court’s rules and procedures, on an appropriate

Unless otherwise stipulated to by defendants, any use of CONFIDENTIAL INFORMATION

If any person desires to exhibit documents or disclose CONFIDENTIAL INFORMATION

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method for disclosure, and if defendants do not agree to such disclosure, such CONFIDENTIAL

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INFORMATION shall not be disclosed unless authorized by order of the Court.

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10.

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CONFIDENTIAL INFORMATION covered under this stipulation shall be treated as

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CONFIDENTIAL INFORMATION that is subject to the provisions of this PROTECTIVE ORDER.

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The Court Reporter shall mark as “Confidential” that portion of any deposition or hearing transcript

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that contains any CONFIDENTIAL INFORMATION or any reference to CONFIDENTIAL

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INFORMATION.

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Unless otherwise agreed, transcripts and exhibits that incorporate or reference

If a party who has received CONFIDENTIAL INFORMATION learns that, by inadvertence or

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otherwise, it has disclosed CONFIDENTIAL INFORMATION to any person or in any circumstance

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not authorized under this PROTECTIVE ORDER, the party must immediately (a) notify the San

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Francisco City Attorney’s Office in writing of the unauthorized disclosures, (b) use its best efforts to

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retrieve all copies of the CONFIDENTIAL INFORMATION, (c) inform the person or persons to

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whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person

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or persons to execute the document that is attached hereto as Exhibit A.

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12.

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constitute a waiver of the terms of this PROTECTIVE ORDER, except by written agreement of the

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parties, or further order of this Court.

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13.

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the possession of experts, consultants, investigators, etc.) will be returned to the San Francisco City

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Attorney's Office at the termination of this litigation, through final judgment, appeal, or by whatever

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means resolved. On final disposition of this case, plaintiff’s counsel, and all other persons subject to

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this Order (including experts, consultants, and investigators), shall within 30 days after the final

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disposition of this case, without request or further order of this Court, return all CONFIDENTIAL

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INFORMATION to the Deputy City Attorney of record in this matter. The provisions of this

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PROTECTIVE ORDER shall, without further order of the Court, continue to be binding after the

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conclusion of the action, and this Court will have jurisdiction to enforce the terms of this

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PROTECTIVE ORDER.

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

All documents covered by this PROTECTIVE ORDER and copies thereof (including those in

Stipulated Protective Order
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14.

Should either party fail to comply with this PROTECTIVE ORDER, the other party may seek

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a Court order holding the non-complying party and that party’s counsel liable for all costs associated

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with enforcing this agreement, including but not limited to all attorney fees in amounts to be

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determined by the Court. The non-complying party and that party’s counsel may also be subject to

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additional sanctions or remedial measures, such as contempt, evidentiary or terminating sanctions.

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15.

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personnel files of the individually-named Defendants. It shall not apply to other categories of

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documents, including but not limited to disciplinary-related documents.

This stipulated protective order shall apply ONLY to training-related documents from the

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IT IS SO STIPULATED.

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Dated: November 8, 2012
DENNIS J. HERRERA
City Attorney
CHERYL ADAMS
Chief Trial Deputy
JOSHUA S. WHITE
Deputy City Attorney

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By:_

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/s/
__________________

Attorneys for Defendants

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Dated: November 7, 2012
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/s/
_________________

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By:

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BRETT TERRY, Esq.
Attorneys for Plaintiff

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*Pursuant to General Order 45, §X.B., the filer of
this document attests that he has received the
concurrence of this signatory to file this
document.

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ORDER

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Pursuant to this stipulation, IT IS SO ORDERED.
Stipulated Protective Order
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November 8,
Dated: ______________ 2012

_________________________________

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HON. DONNA M. RYU

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UNITED STATES MAGISTRATE JUDGE

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Stipulated Protective Order
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EXHIBIT A

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AGREEMENT TO COMPLY WITH STIPULATED PROTECTIVE
ORDER FOR CONFIDENTIAL INFORMATION

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I,

, have read and understand the Court’s Protective Order for

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CONFIDENTIAL INFORMATION. I agree to abide by all terms of the Order. In addition, I
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specifically understand and agree to the following:
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1.

I will not disclose the CONFIDENTIAL INFORMATION to any other person.

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I understand that I have no power to authorize any other person to review the

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CONFIDENTIAL INFORMATION.
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3.

I agree not to make copies of the CONFIDENTIAL INFORMATION.

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I agree to return the CONFIDENTIAL INFORMATION to the counsel for the party that

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produced it, at or before the conclusion of this litigation.
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5.

I understand that if I violate any of the terms of the Protective Order, then I may be subject to

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sanctions or possible contempt.
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AGREED:

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DATE

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SIGNATURE

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PRINT NAME

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Stipulated Protective Order
Mikich v. CCSF, et al.; Case No. 11-cv-4629

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