Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Peter Knowles v. City of Benicia

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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.