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Robinson v. County of San Diego

July 17, 2009

DAWN ROBINSON AND NOAH ROBINSON, A MINOR, BY AND THROUGH HIS FATHER AND GUARDIAN AD LITEM, RICARDO ROBINSON, PLAINTIFFS,
v.
COUNTY OF SAN DIEGO, AND DOES 1-20, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Jan M. Adler U.S. Magistrate Judge

ORDER FOR RELEASE OF RECORDS AND PROTECTIVE ORDER

IT IS HEREBY ORDERED that Plaintiffs be provided with the San Diego Sheriff Department's internal affairs investigation into the incident which is the subject of this litigation, to wit, the detention and arrest of Plaintiff Dawn Robinson on April 5, 2007. This shall include all tape recorded interviews and any photographs taken or obtained during the investigation. Said documents and materials are released subject to the following protective order.

IT IS FURTHER ORDERED that all documents and items released to plaintiff pursuant to this order are released subject to the following restrictions:

1. Prior to the release of any such documentation, all personal information regarding the deputy, his spouse and children, including but not limited to social security number, driver's license number, residential address, names of the spouse and children shall be redacted from the documents to be released to plaintiffs and their counsel.

2. Plaintiffs and their counsel shall not disclose the contents of the documents, or provide the documents or copies of the documents, or the substance of the documents or electronically disseminate the documents or data extracted from the documents, to anyone except as specified below.

3. The documents produced are to be stamped or otherwise marked "Confidential Material - disclosure subject to protective order" prior to use in this litigation.

4. The documents shall be used solely in connection with this litigation and the preparation and trial of this case, or any related appellate proceeding, and not for any other purpose including but not limited to any other litigation, and data bank compilation. Any party receiving a subpoena or other request for production of the documents will, prior to producing any such material, promptly notify counsel for all parties hereto of such, giving them reasonable notice and an opportunity to oppose such production.

5. The documents and information contained therein may be disclosed only to the following persons:

(a) counsel for any party, and any party to this action;

(b) paralegal, stenographic, clerical, secretarial, investigative personnel employed by counsel referred to in (a);

(c) any outside expert or consultant retained in connection with this action, and not otherwise employed by either party;

(d) any "in house" expert designated by the County to testify at trial in this matter;

(e) court personnel including stenographic reporters engaged in such proceedings as are necessarily incidental to preparation for the trial of this action. Nothing in this paragraph (5) is intended to prevent officials or employees of the County of San Diego or other authorized government officials from having access to these documents if they would have had access in the normal course of duties. Further, nothing in this order prevents a witness from disclosing events or activities personal to them, i.e., a witness can disclose to others previous information given to the County of San Diego with respect to what he or she saw, heard, or otherwise sensed.

6. Each person to whom disclosure of the concerned documents and information is made, with the exception of counsel who are presumed to know of the contents of this protective order, and court personnel referenced in sub-paragraph (e) of paragraph (5) above, shall be given a copy of this order prior to the time of disclosure by the person who is furnishing him/her with the concerned documents and information. And each person to whom disclosure is made shall agree on the record or in writing that he/she has read the protective order, and that he/she understands the provisions of the protective order, and agrees to be bound by the protective order. Such person also must consent to be subject to the jurisdiction of the United States District Court, for the Southern District of California, with respect to any proceeding relating to enforcement of this order, including without limitation, any ...


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