Garcia v. City and County of San Francisco

Filing 40

Order by Magistrate Judge Donna M. Ryu granting as modified 39 Stipulation.(dmrlc2, COURT STAFF) (Filed on 5/20/2014)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
CHERYL ADAMS, State Bar #164194
Chief Trial Deputy
WARREN METLITZKY, State Bar #220758
NEWTON OLDFATHER, State Bar #281227
Deputy City Attorneys
Fox Plaza
1390 Market Street, Sixth Floor
San Francisco, California 94102-5408
Telephone:
[phone] [Metlitzky]
[phone] [Oldfather]
Facsimile:
[phone]
E-Mail:
[e-mail]
[e-mail]
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSE A. HERNANDEZ GARCIA,

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Plaintiff,

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Case No. 13-cv-3295 DMR

vs.

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

CITY AND COUNTY OF SAN
FRANCISCO; and Does 1-50,

Trial Date:

January 20, 2015

Defendants.

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STIPULATED PROTECTIVE ORDER

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Pursuant to Federal Rule of Civil Procedure 26(c) the parties have met and conferred and agree

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that the discovery of CONFIDENTIAL INFORMATION in this matter be made pursuant to the terms

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of this PROTECTIVE ORDER.

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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,

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shall include all documents containing official information privileged materials, criminal investigation

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materials and any other such documents that defendants in good faith have determined to be
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Case4:13-cv-03295-DMR Document39 Filed05/19/14 Page2 of 6

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confidential. Defendants shall attempt to stamp "Confidential" on all such documents prior to production.

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In the event that any CONFIDENTIAL INFORMATION is inadvertently not stamped as "Confidential" by

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defendants, the party who notices this oversight shall immediately make it known to the other parties and

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the documents shall immediately be stamped as "Confidential" and treated as such, as per this order.

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

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include any and all documents containing peace officer Personnel Information, private information,

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confidential information, including any and all records made pursuant to citizen complaint, or other

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administrative or internal Department investigation, that the defendants consider in good faith to be or to

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contain Confidential, Official Information, or otherwise protected information, shall be subject to this

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Order and stamped or otherwise designated "Confidential."
2.

All documents, including, but not limited to audiotapes, videotapes, photographs.

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transcripts, etc., related to the criminal investigation incidental to the event forming the basis of this

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lawsuit shall be deemed CONFIDENTIAL INFORMATION, within the meaning of this stipulation.

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3.

Plaintiff may challenge defendants' designation of a particular document as

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CONFIDENTIAL INFORMATION by filing an appropriate motion, under seal, with the Court. The

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parties agree that the prevailing party in a motion to remove the confidential designation shall waive

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any entitlement to monetary sanctions, including attorney’s fees. for

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The parties shall follow the procedures
raising discovery disputes described
in Judge Ryu's standing order.

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

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authority 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 determination

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is made.

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5.

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

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

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

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

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

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provisions of section 12, below. All parties or non parties that have received CONFIDENTIAL

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INFORMATION must store and maintain it in a secure manner that ensures that access is limited
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to the persons authorized under this Order.
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Plaintiff's Counsel may exhibit, discuss, and/or disclose CONFIDENTIAL

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

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of the Court:

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a.

Plaintiff's Counsel (retained and prospective);

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b.

Prospective experts, investigators, consultants, or new counsel interviewed by

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Plaintiff's Counsel to assist in the evaluation, preparation, or trial of this case; however,

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before any prospective expert, investigator, consultant, or new counsel is permitted to

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review the CONFIDENTIAL INFORMATION, such individual must agree to

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comply with the terms of this PROTECTIVE ORDER by executing the document

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attached as Exhibit A. Plaintiff's counsel shall file and serve that document upon its

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execution; however, Plaintiff's counsel shall not be required to file any Agreement to

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Comply any earlier than the date that Expert Disclosures are required to be made.

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Experts, investigators, and consultants shall not have any power to authorize further

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disclosure of CONFIDENTIAL INFORMATION to any other person.

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7.

Counsel for Plaintiff may not provide originals or copies of the CONFIDENTIAL

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INFORMATION to any plaintiff absent the written agreement of counsel for the City or a court

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order, subject to the following:

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a.

For purposes of evaluating the settlement value or potential jury verdict, counsel

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for Plaintiff may discuss the CONFIDENTIAL INFORMATION with plaintiffs

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without disclosing any identifying details about a specific witness. Plaintiff's

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counsel may also review with a plaintiff any statement or interview given by that

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plaintiff. Counsel may inform Plaintiff of statements made by any person

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describing the facts of the incident but may not provide details that would identify

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the person making the statement or any other person who may have provided

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statements or information regarding the incident.

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8.

Unless otherwise stipulated to by defendants, any use of CONFIDENTIAL

INFORMATION or comment on the substance of any CONFIDENTIAL INFORMATION in any
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papers or pleadings filed with the Court, shall be filed under seal pursuant to the Court's rules and

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procedures (see Northern District of California Civil Local Rule 79-5). The sealed envelopes shall

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be endorsed with the caption of this litigation, and an indication of the nature of the contents of the

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envelopes and a statement substantially in the following form:

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"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."

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In the event any person desires to exhibit documents or disclose CONFIDENTIAL

INFORMATION covered under this stipulation during trial or pretrial proceedings, such person

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shall meet and confer with counsel for defendants to reach an agreement, in accordance with the

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Court's rules and procedures, on an appropriate method for disclosure, and if defendants do not agree to

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such disclosure, such CONFIDENTIAL INFORMATION shall not be disclosed unless authorized by

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order of the Court. Unless otherwise agreed, transcripts and exhibits that incorporate or reference

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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" any deposition or hearing transcript that contains any

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CONFIDENTIAL INFORMATION or any reference to CONFIDENTIAL INFORMATION.

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10.

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

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

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

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notify the San Francisco City Attorney's Office in writing of the unauthorized disclosures, (b) use

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its best efforts to retrieve all copies of the CONFIDENTIAL INFORMATION, (c) inform the

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person or persons to whom unauthorized disclosures were made of all the terms of this Order. and

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(d) request such person or persons to execute the document that is attached hereto as Exhibit A.

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11.

Any inadvertent disclosure made in violation of this PROTECTIVE ORDER shall be

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immediately corrected by the offending party and does not constitute a waiver of the terms of this

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PROTECTIVE ORDER, except by written agreement of the parties, or further order of this Court.

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12.

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

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

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Attorney's Office at the termination of this litigation. On final disposition of this case, plaintiff's

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counsel shall within 30 days after the final disposition of this case, without request or further order of this

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Court, return all CONFIDENTIAL INFORMATION to the Deputy City Attorney of record in this matter.

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The provisions of this PROTECTIVE ORDER shall, without further order of the Court, continue

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to be binding after the conclusion of the action, and this Court will have jurisdiction to enforce the

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terms of this PROTECTIVE ORDER.
13.

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Should plaintiff or plaintiff's counsel fail to comply with this PROTECTIVE

ORDER, plaintiff and plaintiff's counsel shall be liable for all costs associated with enforcing this

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agreement, including but not limited to all attorney fees in amounts to be determined by the Court.

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Plaintiff and plaintiff’s counsel may also be subject to additional sanctions or remedial measures,

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such as contempt, evidentiary or terminating sanctions.
IT IS SO STIPULATED.

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Dated: May 15, 2014

LAW OFFICES OF H. NELSON MEEKS

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By:

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Dated: May 15, 2014

/s/ H. Nelson Meeks
H. NELSON MEEKS
Attorneys for Plaintiff Jose A. Hernandez Garcia

OFFICE OF THE CITY ATTORNEY

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By:

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/s/ Warren Metlitzky
WARREN METLITZKY
Attorney for Defendant City and County of San Francisco

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ORDER
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Based on the above entered Stipulation, IT IS SO ORDERED
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Dated:
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May 20, 2014

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THE HONORABLE DONNA M. RYU
UNITED STATES MAGISTRATE JUDGE

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EXHIBIT A

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AGREEMENT TO COMPLY WITH STIPULATED PROTECTIVE

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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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2.

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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4.

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

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

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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 [Proposed] Protective Order
Garcia v. CCSF; No. 13-cv-3295 DMR

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