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Peter Knowles v. City of Benicia

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 10, 2011

PETER KNOWLES, PLAINTIFF,
v.
CITY OF BENICIA, POLICE CHIEF SANDRA SPAGNOLI, CITY MANAGER JIM ERICKSON, SERGEANT FRANK HARTIG, SERGEANT BOB OETTINGER, SERGEANT CHRIS BIDOU, SERGEANT SCOTT PRZEKURAT, OFFICER JOHN MCFADDEN, OFFICER MARK MENESINI, OFFICER JAMES LAUGHTER, OFFICER KEVIN ROSE, OFFICER JASON EAKIN, OFFICER, TED CRIADO, OFFICER JAKE HEINEMEYER, AND DOES I THROUGH XXX, INCLUSIVE, DEFENDANTS.

SANFORD JAY ROSEN -- 062566 LESLIE C. MEHTA -- 258512 ROSEN, BIEN & GALVAN, LLP 315 Montgomery Street, 10th Floor San Francisco, California 94104-1823 Telephone: (415) 433-6830 Facsimile: (415) 433-7104 Email: srosen@rbg-law.com lmehta@rbg-law.com GERI LYNN GREEN -- 127709 LAW OFFICES OF GERI LYNN GREEN, LC 155 Montgomery Street, Suite 901 San Francisco, California 94104-4166 Telephone: (415) 982-2600 Facsimile: (415) 358-4562 Email: gerilynngreen@gmail.com Attorneys for Plaintiff PETER KNOWLES

STIPULATED PROTECTIVE ORDER REGARDING INFORMATION PRODUCED PURSUANT TO SUBPOENAS

Pursuant to this Court's November 16, 2010 Order and by agreement of counsel for the parties, IT IS HEREBY STIPULATED by and between plaintiff Peter Knowles (hereafter "PLAINTIFF"), through his counsel of record, and defendants City of Benicia, Police Chief Sandra Spagnoli, City Manager Jim Erickson, Sergeant Frank Hartig, Sergeant Bob Oettinger, Sergeant Chris Bidou, Sergeant Scott Przekurat, Officer John McFadden, Officer Mark Menesini, Officer James Laughter, Officer Kevin Rose, Officer Jason Eakin, Officer Ted Criado, and Officer Jake Heinemeyer, through their counsel of record (hereafter "DEFENDANTS"), as follows:

1. Information and Matters Subject to this ORDER. This stipulation and order (hereafter "ORDER") shall govern all "CONFIDENTIAL INFORMATION" and "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION" (as defined hereafter) and all information derived therefrom, including, but not limited to, all copies, excerpts or summaries thereof, testimony, conversations, or presentations by the PARTIES in this action or their counsel that might reveal CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION. All references herein to "PARTIES" shall include plaintiff Peter Knowles, and his counsel of record, and defendants City of Benicia, Police Chief Sandra Spagnoli, City Manager Jim Erickson, Sergeant Frank Hartig, Sergeant Bob Oettinger, Sergeant Chris Bidou, Sergeant Scott Przekurat, Officer John McFadden, Officer Mark Menesini, Officer James Laughter, Officer Kevin Rose, Officer Jason Eakin, Officer Ted Criado, and Officer Jake Heinemeyer, and their counsel of record in the above-entitled action.

2. Definitions. The following definitions shall apply in the construction and application of this ORDER.

a. The term "INFORMATION" means any materials, as defined by Federal Rule of Evidence 1001, or materials produced to the PARTIES or any person or entity subject to their employ or control in conjunction with this proceeding, including, but not limited to, documents produced pursuant to subpoena and answers to deposition questions set forth in deposition transcripts that are directly based upon those documents.

b. The term "CONFIDENTIAL" means any INFORMATION designated as CONFIDENTIAL by the PARTIES. CONFIDENTIAL INFORMATION may include:

All INFORMATION regarding personal identifying information regarding PLAINTIFF which may violate PLAINTIFF'S privacysuch that it should not be disclosed beyond QUALIFIED PERSONS, as defined herein, including, but not limited to, the following: (1) driver's license number, (2) billing account number, (3) policy number, (4) card number, (5) group number, (6) claim number, (7) patient account number, (8) sequence number, (9) student identification number, (10) date of birth, and (11) credit card number.

c. The term "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" is applied to INFORMATION deemed so sensitive as to require that the INFORMATION be viewed by counsel only and not disseminated or DISCLOSED beyond counsel without prior approval by the PARTIES. This INFORMATION may include PLAINTIFF'S present address and information that is obviously identifying INFORMATION with respect to him and his current address that is extremely sensitive HIGHLY CONFIDENTIAL INFORMATION, the disclosure of which to anyone other than counsel of record is agreed by the PARTIES to be prohibited without prior approval of the PARTIES. The information that is deemed to be "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" includes, but is not limited to, the following: PLAINTIFF'S Social Security Number, present home address, present employer and employer information, present telephone number(s) and present email address(es).

d. The term "QUALIFIED PERSONS" means any of the following: (1) the Presiding Judge and any of his or her staff, (2) any referee appointed by a judge in this matter to preside over any hearings in this matter and any of his or her staff, (3) a jury empanelled for trial, (4) stenographic reporters engaged in these proceedings as are necessarily incident to the preparation for trial and/or trial of this action, (5) counsel for the PARTIES in this litigation, (6) paralegal, stenographic, clerical, and secretarial personnel employed by counsel for the PARTIES, (7) the PARTIES to these proceedings, including their officers, directors, agents, and employees, and (8) any person employed by counsel for the PARTIES in this proceeding to assist such counsel in this proceeding, such as experts or other consultants.

e. The term "DISCLOSE" or any version thereof means to show, give, make available, or communicate in any fashion to any person any CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY, information concerning the existence or content of any CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY, or any copy, portion, version, or summary of any CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY.

3. Grounds for Protection of CONFIDENTIAL INFORMATION and HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION. The PARTIES acknowledge and recognize the INFORMATION identified as CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY herein in paragraph 2.b. and 2.c. raises privacy concerns with regard to the INFORMATION designated, and is intended to conform to this Court's order of November 16, 2010. This ORDER is necessary in order to protect the important privacy interests of the PLAINTIFF with regard to CONFIDENTIAL INFORMATION and HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION by protecting such CONFIDENTIAL and HIGHLY CONFIDENTIAL INFORMATION -- ATTORNEYS' EYES ONLY from public disclosure and/or disclosure to DEFENDANTS and meet the respective concerns of the PARTIES while permitting the PARTIES to expedite discovery.

4. Use of CONFIDENTIAL and HIGHLY CONFIDENTIAL INFORMATION. CONFIDENTIAL INFORMATION -- ATTORNEYS' EYES ONLY:

a. CONFIDENTIAL INFORMATION shall be used solely in connection with, and only as necessary to, this action and the preparation and trial of this action, or any related proceeding, including, but not limited to, appeal or writ, and not for any other purpose, including, without limitation, any civil, criminal, administrative, or personal purpose or function. CONFIDENTIAL INFORMATION shall not be DISCLOSED to anyone other than QUALIFIED PERSONS and shall not be DISCLOSED except in accordance with this ORDER. Control and distribution of all CONFIDENTIAL INFORMATION shall be the responsibility of the attorneys of record and the PARTIES. The provisions of this ORDER, insofar as they restrict the communication and use of CONFIDENTIAL INFORMATION produced hereunder, copies of summaries thereof, or INFORMATION obtained therefrom, shall continue to be binding after the conclusion of this action.

i. The PARTIES and their counsel agree that all INFORMATION produced on or before January 31, 2011 is subject to this ORDER and may be DISCLOSED in accordance with the terms of this ORDER.

ii. The PARTIES and their counsel further agree that no INFORMATION produced on or after February 1, 2011 shall be disseminated or DISCLOSED to the PARTIES or QUALIFIED PERSONS for ten (10) calendar days after the production of the INFORMATION to counsel for the PARTIES or ten (10) calendar days after the entry of this ORDER, whichever is later, and shall be for "attorneys' eyes only" during that period so that counsel for the PARTIES may review INFORMATION, meet and confer regarding any objections to designations of documents as CONFIDENTIAL INFORMATION, and seek guidance from this Court if necessary regarding objections. The INFORMATION shall be treated as CONFIDENTIAL until the ten (10)-day period has elapsed. Counsel for the PARTIES agree that, during the ten (10)-day period, the INFORMATION shall not be DISCLOSED to the PARTIES or QUALIFIED PERSONS.

Within such ten (10)-day period, counsel for PLAINTIFF must notify counsel for DEFENDANTS in writing of the precise INFORMATION sought to be designated as CONFIDENTIAL and the grounds for seeking that designation. Absent such notice, the INFORMATION cannot be treated as CONFIDENTIAL. If there are no objections to the designations of CONFIDENTIAL made by counsel for PLAINTIFF, all INFORMATION designated as CONFIDENTIAL will be for QUALIFIED PERSONS and shall at no time be distributed or DISCLOSED to anyone other than QUALIFIED PERSONS without prior approval of the PARTIES.

If counsel for DEFENDANTS objects to designations of INFORMATION as CONFIDENTIAL, the parties agree to meet and confer within the ten (10)-day period to determine whether counsel for the PARTIES may stipulate that certain information should be designated as CONFIDENTIAL. The parties shall attempt to resolve each challenge in good faith and must begin the process by conferring directly within the ten (10)-day period. In conferring, counsel for the DEFENDANTS must explain the basis for its belief that the confidentiality designation was not proper and must give counsel for PLAINTIFF an opportunity to review the designated material, to reconsider the circumstances, and, if no change in designation is offered, to explain the basis for the chosen designation. Counsel for the PARTIES may file and serve an appropriate motion only if the PARTIES have engaged in this meet and confer process or if counsel for the other PARTY is unwilling to participate in the meet and confer process during that ten (10) day period.

If after this meet and confer process is completed, the PARTIES agree that additional INFORMATION should be designated as CONFIDENTIAL and subject to this ORDER, counsel for the PARTIES will prepare and file with the court a further stipulated protective order to include the recently designated INFORMATION in the ORDER. If counsel for the PARTIES cannot agree on the designations and stipulate to a further protective order, counsel for the PARTIES may seek guidance from the Court regarding remaining disputes before the information is divulged to the PARTIES or QUALIFIED PERSONS. Counsel for PLAINTIFF shall file and serve a motion to retain confidentiality within ten (10) days of the parties agreeing that the meet and confer process will not resolve their dispute. Each such motion must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer requirements imposed in this provision of this ORDER.

b. HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY: HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY shall be used solely in connection with, and only as necessary to, this action. INFORMATION designated as HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY shall not be used in the preparation and trial of this action, or any related proceeding, including, but not limited to, appeal or writ, or for any other purpose, including, without limitation, any civil, criminal, administrative, or personal purpose or function without prior approval from the PARTIES. HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION shall not be DISCLOSED to anyone other than counsel for the PARTIES except in accordance with this ORDER. Control and distribution of all HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION shall be the responsibility of the attorneys of record. The provisions of this ORDER, insofar as they restrict the communication and use of HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION produced hereunder, copies of summaries thereof, or INFORMATION obtained therefrom, shall continue to be binding after the conclusion of this action.

i. The PARTIES and their counsel agree that all INFORMATION produced on or before January 31, 2011 is subject to this ORDER and may be DISCLOSED in accordance with the terms of this ORDER

ii. The PARTIES and their counsel further agree that no INFORMATION produced on or after February 1, 2011 shall be disseminated or DISCLOSED to the PARTIES or QUALIFIED PERSONS for ten (10) calendar days after the production of the INFORMATION to counsel for the PARTIES or ten (10) calendar days after the entry of this ORDER, whichever is later, and shall be for "attorneys' eyes only" during that period so that counsel for the PARTIES may review INFORMATION, meet and confer regarding any objections to designations of documents as HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY, and seek guidance from this Court if necessary regarding objections. The INFORMATION shall be treated as HIGHLY CONFIDENTIAL until the ten (10)-day period has elapsed. Counsel for the PARTIES agree that, during the ten (10)-day period, the INFORMATION shall not be DISCLOSED to the PARTIES or QUALIFIED PERSONS.

Within such ten (10)-day period, counsel for PLAINTIFF must notify counsel for DEFENDANTS in writing of the precise INFORMATION sought to be designated as HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY and the grounds for seeking that designation. Absent such notice, the INFORMATION cannot be treated as HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY. If there are no objections to the designations of HIGHLY CONFIDENTIAL made by counsel for PLAINTIFF, all INFORMATION designated as HIGHLY CONFIDENTIAL will be for "attorneys' eyes only" and shall at no time be distributed or DISCLOSED to anyone other than counsel for the PARTIES. All HIGHLY CONFIDENTIAL INFORMATION must be redacted by counsel for the PARTIES prior to the disclosure of the documents to the PARTIES or QUALIFIED PERSONS.

If counsel for DEFENDANTS objects to designations of INFORMATION as HIGHLY CONFIDENTIAL, the parties agree to meet and confer within the ten (10)-day period to determine whether counsel for the PARTIES may stipulate that certain INFORMATION should be designated HIGHLY CONFIDENTIAL and possibly redacted from the documents produced with all un-redacted copies destroyed. The PARTIES shall attempt to resolve each challenge in good faith and must begin the process by conferring directly within the ten (10)-day period. In conferring, counsel for the DEFENDANTS must explain the basis for its belief that the HIGHLY CONFIDENTIAL designation was not proper and must give counsel for PLAINTIFF an opportunity to review the designated material, to reconsider the circumstances, and, if no change in designation is offered, to explain the basis for the chosen designation. Counsel for the PARTIES may file and serve an appropriate motion only if they have engaged in this meet and confer process or if counsel for the other PARTY is unwilling to participate in the meet and confer process within the ten (10) day period.

If after this meet and confer process is completed, the PARTIES agree that additional INFORMATION should be designated as HIGHLY CONFIDENTIAL and subject to this ORDER, counsel for the PARTIES will prepare and file with the court a further stipulated protective order to include the recently designated INFORMATION in the ORDER. If counsel for the PARTIES cannot stipulate to a further protective order, counsel for the PARTIES may seek guidance from the Court regarding remaining disputes before the information is divulged to the PARTIES or QUALIFIED PERSONS. Counsel for PLAINTIFF shall file and serve a motion to retain confidentiality within ten

(10) days of the PARTIES agreeing that the meet and confer process will not resolve their dispute. Each such motion must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer requirements imposed in this provision of this ORDER.

5. Designation of INFORMATION designatedas CONFIDENTIAL or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY.

Once the INFORMATION is reviewed by counsel for the PARTIES, counsel may designate INFORMATION as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL FOR ATTORNEY'S EYES ONLY." In accordance with this ORDER, any INFORMATION not so designated will be for distribution without protection.

a. CONFIDENTIAL INFORMATION shall be designated in the following manner:

i. INFORMATION shall be designated as CONFIDENTIAL only after a bona fide and good faith determination by counsel for the PARTIES that the material contains

CONFIDENTIAL INFORMATION as defined herein, the DISCLOSURE and use of which would be detrimental to or invade the privacy of PLAINTIFF.

ii. The designation of INFORMATION as CONFIDENTIAL shall be made, by placing or affixing on each page of such material in a manner that will not interfere with its legibility the words "CONFIDENTIAL," or by the designation of categories of documents as "CONFIDENTIAL."

iii. An inadvertent failure to designate CONFIDENTIAL INFORMATION does not, standing alone, waive the right of counsel for the PARTY to secure protection under this ORDER for such material, if timely corrected within twenty (20) days of the inadvertent failure to designate. Upon timely correction of a designation, counsel for the other PARTY must make reasonable efforts to assure that the material is treated in accordance with the provisions of this ORDER.

b. HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION shall be designated in the following manner:

i. INFORMATION shall be designated as HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY after a bona fide and good faith determination by counsel for the PARTIES that the material contains HIGHLY CONFIDENTIAL -- FOR ATTORNEYS' EYES ONLY INFORMATION as defined herein, the DISCLOSURE and use of which would be detrimental to or invade the privacy of the PLAINTIFF.

ii. The designation of INFORMATION as HIGHLY CONFIDENTIAL shall be made, by placing or affixing on each page of such material in a manner that will not interfere with its legibility the words "HIGHLY CONFIDENTIAL -- FOR ATTORNEYS' EYES ONLY," or by the designation of categories of documents as "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY."

iii. An inadvertent failure to designate HIGHLY CONFIDENTIAL -- FOR ATTORNEYS' EYES ONLY INFORMATION does not, standing alone, waive the right of counsel for the PARTY to secure protection under this ORDER for such material if timely corrected within twenty (20) days of the inadvertent failure to designate. Upon timely correction of a designation, counsel for the other PARTY must make reasonable efforts to assure that the material is treated in accordance with the provisions of this ORDER.

6. DISCLOSURE of CONFIDENTIAL or HIGHLY CONFIDENTIAL INFORMATION. Each individual, other than counsel whose law firms are actual signatories to this ORDER, to whom CONFIDENTIAL INFORMATION is furnished, shown, or DISCLOSED, shall, prior to the time s/he receives access to such materials, be provided by counsel furnishing her/him such material a copy of this ORDER and agree to be bound by its terms, and shall certify that s/he has carefully read the ORDER and fully understands its terms. Such person must also consent to be subject to the personal jurisdiction of the United States District Court, Eastern District of California, with respect to any proceeding relating to enforcement of this ORDER, including any proceeding relating to contempt of court. The certificate shall be in the form attached hereto as Exhibit A. Counsel making DISCLOSURE to any person as described herein shall retain the original executed copy of such certificate until final termination of this case. All HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION is for attorneys' eyes only. HIGHLY CONFIDENTIAL INFORMATION shall not be DISCLOSED to either the PARTIES themselves, THIRD PARTIES or QUALIFIED PERSONS other than counsel for the PARTIES except in accordance with this ORDER.

a. DISCLOSURE During Depositions. In the event that CONFIDENTIAL INFORMATION is DISCLOSED, revealed, utilized, examined or referred to during depositions, then only QUALIFIED PERSONS, the deponent, and the court reporter shall be present. If CONFIDENTIAL INFORMATION is made exhibits to, or if CONFIDENTIAL INFORMATION is the subject of examination during, a deposition, then arrangements will be made with the court reporter to separately bind those exhibits and those portions of the transcript containing CONFIDENTIAL INFORMATION, and each page on which such CONFIDENTIAL INFORMATION appears shall be stamped with the word "CONFIDENTIAL." Those exhibits and transcript portions shall be placed in a sealed envelope or other appropriate sealed container on which shall be endorsed "Knowles v. City of Benicia, et al., Confidential Pursuant to Order in Case No. 2:09-CV-03470-WBS-DAD," and a statement substantially in the following form:

"THIS ENVELOPE IS SEALED PURSUANT TO STIPULATED PROTECTIVE ORDER OF COURT, IN "Knowles v. City of Benicia, et al., UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA, CASE NO. 2:09-CV-03470-WBS-DAD, AND CONTAINS CONFIDENTIAL DOCUMENTS PRODUCED OR GENERATED BY PARTIES TO THE PROCEEDING. IT IS NOT TO BE OPENED, OR THE CONTENTS THEREOF TO BE DISCLOSED, EXCEPT TO QUALIFIED PERSONS AS DEFINED BY SAID ORDER."

Each court reporter participating in any deposition involving CONFIDENTIAL INFORMATION shall be informed of and provided with a copy of this ORDER and exhibit hereto and shall be requested to sign a copy of said exhibit. Furthermore, each court reporter participating in any deposition involving CONFIDENTIAL INFORMATION shall show a copy of this ORDER to any other person participating in the preparation of any deposition transcript and shall have such person sign a copy of said exhibit.

b. Papers Filed in Court. If any PARTY wishes to file any document containing CONFIDENTIAL INFORMATION with the court, that PARTY shall file and serve a motion requesting an order authorizing the filing of such documents under seal, or an order authorizing the redaction of CONFIDENTIAL INFORMATION from the documents. The motion shall be filed and served in accordance with Local Rules 140 and 141 and all documents requested to be filed under seal shall be submitted to the Court in accordance with Local Rule 141(b). Upon the Court's Order granting a motion to file CONFIDENTIAL INFORMATION under seal, all documents that the Court Orders to be filed under seal shall be submitted to the Court in accordance with Local Rule 141(e)(2).

In the event that the Court denies any PARTY's motion requesting an order authorizing the filing of documents containing CONFIDENTIAL INFORMATION under seal or in redacted form, such CONFIDENTIAL INFORMATION shall not be filed with the Court, but shall instead be returned to the moving party.

c. DISCLOSURE to Experts. In case of any DISCLOSURE to an expert, consultant, or other QUALIFIED PERSON under paragraph 2(d) above, counsel for the disclosing party shall make reasonable efforts to ensure that the CONFIDENTIAL INFORMATION DISCLOSED is not disseminated in any form to anyone by such expert, consultant, or other

QUALIFIED PERSON and that said CONFIDENTIAL INFORMATION and any copies or summaries thereof are returned in their entirety to the disclosing party after they are no longer needed in this action.

7. DISCLOSURE of CONFIDENTIAL INFORMATION to Those Other Than QUALIFIED PERSONS. In the event that any party desires CONFIDENTIAL INFORMATION to be DISCLOSED, discussed, or made available to any person other than a QUALIFIED PERSON, such party shall submit to opposing counsel a written statement specifically identifying the CONFIDENTIAL INFORMATION to be DISCLOSED and the name, title, and business relationship of the persons with whom they wish to communicate. Counsel for the opposing party shall have fifteen (15) calendar days from the date notice was served to object to the DISCLOSURE to any person identified in the notice. If the PARTIES are unable to agree on the terms and conditions of the requested DISCLOSURE, the PARTY seeking disclosure may file and serve on opposing counsel a notice of motion and motion for authority to make such DISCLOSURE. Such motion shall be filed and served pursuant to Local Rule 251.

Unless opposing counsel responds timely in writing to the fifteen (15)-day notification provided for above, the persons named in the notice shall, subject to the terms and conditions of this ORDER, be entitled to receive only that CONFIDENTIAL INFORMATION specified in this notice.

8. DISCLOSURE of HIGHLY CONFIDENTIAL INFORMATION to Those Other Than Counsel for the PARTIES. In the event that any party desires HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION to be DISCLOSED, discussed, or made available to any person other than counsel for the PARTIES, such PARTY shall submit to opposing counsel a written statement specifically identifying the HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION to be DISCLOSED and the name, title, and business relationship of the persons with whom they wish to communicate. Counsel for the opposing PARTY shall have fifteen (15) calendar days from the date notice was served to object to the DISCLOSURE to any person identified in the notice. If the PARTIES are unable to agree on the terms and conditions of the requested DISCLOSURE, the PARTY seeking disclosure may file and serve on opposing counsel a notice of motion and motion for authority to make such DISCLOSURE. Such motion shall be filed and served pursuant to Local Rule 251.

Unless opposing counsel responds timely in writing to the fifteen (15)-day notification provided for above, the persons named in the notice shall, subject to the terms and conditions of this ORDER, be entitled to receive only that HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION specified in this notice.

9. DISCLOSURE to Author or Addressee. Nothing in this ORDER shall preclude the DISCLOSURE of CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION to any person who authored, prepared, was an addressee of, received a copy of, or participated in the preparation of such CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION.

10. Unauthorized Disclosure of CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION. If a PARTY or counsel for a PARTY learns that, by inadvertence or otherwise, it has disclosed CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION to any person or in any circumstance not authorized under this ORDER, the PARTY must immediately (a) notify in writing opposing counsel of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY INFORMATION, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this ORDER, and (d) request such person or persons to execute the "Acknowledgement and Agreement to Be Bound" that is attached hereto as Exhibit A.

11. Objections To Production. Nothing in this ORDER shall be deemed to limit or waive any right of any party to object to discovery with respect to any INFORMATION which may be claimed to be outside the scope of discovery for any reason, privileged, or otherwise protected or protectable under applicable deferral laws and the laws of the State of California.

12. Further Protection. Nothing contained in this ORDER shall be deemed to preclude any party at any time (a) from seeking and obtaining from the opposing party or the Court, on appropriate showing, a further protective ORDER relating to CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION or relating to any discovery in this case, (b) to apply to the Court for an ORDER requiring the removal of the CONFIDENTIAL or HIGHLY CONFIDENTIAL -- FOR ATTORNEYS' EYES ONLY designation from any document pursuant to Paragraph 4 above; and (c) to apply to the Court for any relief from a provision of this Stipulation and ORDER, upon good cause shown. Nothing in this ORDER shall be construed as preventing any party from making application to the Court for revisions of the terms of this ORDER.

13. Contempt. Upon any violation of the provisions set forth in this ORDER, the PARTY asserting the violation may file and serve an appropriate motion seeking an order holding the violating PARTY either in contempt of this Court or in violation of this ORDER.

14. General Provisions.

a. This ORDER is the result of negotiations by attorneys for the PARTIES and pursuant to this Court's November 16, 2010 Order and shall not be construed against any party or signatory to this ORDER because counsel for that PARTY may have drafted this ORDER in whole or in part. This ORDER shall be construed and interpreted fairly in accordance with its purpose and plain meaning.

b. This ORDER shall continue to be binding after the conclusion of this litigation, except that a party may seek written permission from the opposing PARTIES or further ORDER of the Court with respect to dissolution or modification of this ORDER.

c. Within thirty (30) days after the conclusion of this case, any and all original, copy, portion, version, or summary of any CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY materials in the possession, control, and/or custody of any QUALIFIED PERSON shall be returned. Counsel of record for a PARTY returning CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION shall verify by declaration under oath that all such INFORMATION has been returned and that it has not retained any such INFORMATION or derivatives therefrom. Counsel may retain copies of briefs filed with the Court and work product so long as it is maintained in accordance with this ORDER.

d. DISCLOSURE of CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY INFORMATION shall not constitute a waiver of the attorney-client privilege, work-product doctrine, or any other applicable rights or privilege.

e. Notices pursuant to this ORDER shall be sent to the attorneys for the PARTIES listed on the signature page of this ORDER unless notified in writing of a change.

f. This ORDER shall not constitute an admission by any of the PARTIES that INFORMATION identified as CONFIDENTIAL or HIGHLY CONFIDENTIAL is in fact confidential, highly confidential or the subject of entitlement thereto. This ORDER is entered into solely to expedite discovery and meet the respective concerns of the PARTIES. This ORDER will not be considered an admission of validity to any claim of confidentiality hereunder except as is necessary to enforce the terms of the ORDER as provided herein.

g. The Court's jurisdiction to enforce the terms of this order shall extend until six months after the final termination of this action.

The above is stipulated to by the respective counsel for the PARTIES as follows:

Dated: February 8, 2011 ROSEN, BIEN & GALVAN, LLP By: /s/ Leslie C. Mehta LESLIE C. MEHTA Attorneys for Plaintiff PETER KNOWLES Dated: February 8, 2011 SELMAN BREITMAN LLP By: /s/ Jennifer Rusnak (as authorized on February 8, 2011) JENNIFER L. RUSNAK Attorneys for Defendants CITY OF BENICIA, Police Chief SANDRA SPAGNOLI, City Manager JIM ERICKSON, Sergeant FRANK HARTIG, Sergeant BOB OETTINGER, Sergeant CHRIS BIDOU, Sergeant SCOTT PRZEKURAT, Officer JOHN MCFADDEN, Officer MARK MENESINI, Officer JAMES LAUGHTER, Officer KEVIN ROSE, Officer JASON EAKIN, Officer TED CRIADO and Officer JAKE HEINEMEYER

ORDER

IT IS SO ORDERED.

ignature-END:

Ddad1\orders.civil\knowles3470.stipprotord.subp

EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, ____________ [print or type full name], of __________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order Regarding Information Produced Pursuant to Subpoenas that was issued by the United States District for the Eastern District on _______ [date] in the case of Peter Knowles v. City of Benicia, et al., Case No. 2:09-CV-03470-WBS-DAD. I agree to comply with and to be bound by all the terms of this Order and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Order to any person or entity except in strict compliance with the provisions of this Order.

I further agree to submit to the jurisdiction of the United States District Court for the Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action.

I hereby appoint ______________ [print or type full name] of _______________ [print or type full address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order.

Date: _________________

City and State where sworn and signed: _____________________ Printed name: __________________

Signature: __________________

33hep3

A-1

20110210

© 1992-2011 VersusLaw Inc.



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