STIPULATION AND ORDER TO PROTECT CONFIDENTIAL INFORMATION
Plaintiffs MARKUS M. HALL, MONIQUE G. RANKIN and LINDSEY K. SANDERS, Defendants CITY OF FAIRFIELD, OFFICERS NATE McDOWELL, CHRIS GRIMM, TOM SHACKFORD, ZACK SANDOVAL and SERGEANT STEVE CRANE and Defendants IN-N-OUT BURGER and MARC L. YOUNG by and through their undersigned counsel of record, and subject to the approval of the Court, stipulate to the following Protective Order as set forth below:
1. In connection with any discovery proceedings in this action, the parties may agree or the Court may direct that any document, thing, material, testimony or other information derived therefrom, be designated as "Confidential" under the terms of this Stipulated Protective Order ("Order"). Confidential information is information which has not been made public and is privileged and confidential and protected from public disclosure under applicable Federal or California State law.
2. Confidential documents shall be so designated by stamping copies of the document produced to a party with the legend "CONFIDENTIAL." Stamping the legend "CONFIDENTIAL" on the cover of any multi-page document shall designate all pages of the document as confidential, unless otherwise indicated by the producing party.
3. Material designated as confidential under this Order, the information contained therein, and any summaries, copies, abstracts, or documents derived in whole or in part from material designated as confidential ("confidential material") shall be used only for the purpose of the prosecution, defense, or settlement of this action and for no other purpose.
4. Confidential material produced pursuant to this Order may be disclosed or made available only to the Court, to counsel for a party (including the paralegal, clerical and secretarial staff employed by such counsel), to any party to this proceeding and to the "qualified persons" designated below:
a. Experts or consultants (together with their clerical staff) retained by such counsel to assist in the prosecution, defense or settlement of this action;
b. Court reporters employed in this action; and
c. A witness at any deposition or proceedings in this action.
d. Any other person as to whom the parties in writing agree.
Prior to receiving any confidential material, each "qualified person" shall be provided with a copy of this Order and shall execute a non-disclosure agreement in the form of Attachment A, a copy of which shall be maintained by the counsel who is providing the materials.
5. The portion of any deposition in which confidential materials are discussed shall be taken only in the presence of qualified persons, as defined above.
6. Nothing herein shall impose any restrictions on the use or disclosure by a party of material obtained by such party independent of discovery in this action, whether or not such material is also obtained through discovery in this action, or from disclosing its own confidential material as it deems appropriate.
7. Receipt by any party of any confidential information does not constitute, nor is it to be construed to be, a waiver of any privilege or evidentiary objection, State or Federal.
8. This Order shall be without prejudice to the right of the parties 1) to bring before the court at any time the question of whether any particular document or information is confidential or whether its use shall be restricted; or 2) to present a motion to the Court under Federal Rule of Civil Procedure 26(c) for a separate protective order as to any particular document or information, including restrictions different from those as specified herein. This ...