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Angelina Cano and Mario Che Cano v. City of Stockton

March 23, 2011

ANGELINA CANO AND MARIO CHE CANO, INDIVIDUALLY AND BOTH
PLAINTIFFS,
v.
CITY OF STOCKTON, STOCKTON POLICE DEPARTMENT, FORMER STOCKTON POLICE CHIEF THOMAS MORRIS, AND STOCKTON POLICE OFFICER ALAN LAMBERTSON, DEFENDANTS.



STIPULATED PROTECTIVE ORDER

Subject to the approval of this Court, the parties hereby stipulate to the following Protective Order:

1. In connection with discovery proceedings in this action, the parties may designate any document, thing, material,testimony, or other information derived therefrom as "Confidential" under the terms of this Stipulated Protective Order (hereinafter "Order"). Confidential information is information which has not been made public and which concerns information, for purposes of this stipulation, kept in the personnel and internal affairs files of the defendant Stockton Police Department law enforcement personnel or any other law enforcement agency or medical record information of Decedent Mariano Cano (except where a HIPAA release is given and 3 accepted.) It has been agreed that the personnel records will be 4 limited to the past five years. Internal Affairs Records are 5 limited to the past five years unless any exist that have not 6 been destroyed beyond that date.
By designating a document, thing, material, testimony, or other information derived therefrom as "Confidential" under the terms of this Order, the party making the designation is certifying to the Court that there is a good faith basis, both in law and in fact, for the designation within the meaning of Fed. R. Civ. P. 26(g). 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. Testimony taken at a deposition, conference, or pretrial hearing, or trial may be designated as confidential by making a statement to that effect on the record at the deposition or other proceeding. Arrangements shall be made with the court reporter taking and transcribing such proceeding to separately bind such portions of the transcript containing information designated as confidential and to label such portions appropriately. A party seeking to admit or present confidential documents or information at trial shall submit a stipulation or request for a trial protective order along with the party's pretrial statement. See E.D. Cal. L.R. 141.1(b)(2).
4. Material designated as confidential under this Order, the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as confidential (hereinafter "Confidential Material") shall be used only for the purpose of the prosecution, defense, or settlement of this action and for no other purpose.
5. 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), and to the "qualified persons" designated below:

(a) A person, entity, or party deemed necessary by counsel to aid in the prosecution, defense, or settlement of this action, including that the contents of a specific prior internal investigation or similar file or document may be discussed with the person who is the subject matter of the incident described in such document, or persons who were witnesses thereto, and to the extent there exists any photos, diagrams, and the like which may identify the subject matter, events, location, participants, and the like, such identification information may be shown to the person who is the subject matter (the latter shall be defined as "receiving" by a "qualified person");

(b) Experts or consultants (together with their clerical staff) retained by such counsel to assist in the prosecution, defense, or settlement of this action;

(c) Court reporter(s) employed in this action;

(d) A witness at any deposition or other proceeding in this action; and

(e) 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 Nondisclosure Agreement in the form of Attachment A, a copy of which shall be provided forthwith to counsel for each other party and for the parties.

6. Depositions shall be taken only in the presence of qualified persons when Confidential Material will be discussed.
7. The parties may further designate certain discovery material or testimony of a highly confidential nature as "CONFIDENTIAL-ATTORNEY'S EYES ONLY" (hereinafter "Attorney's Eyes Only Material") in the manner described in paragraphs and above. Attorney's Eyes Only Material, and the information contained therein, shall be disclosed only to the Court, to counsel for the parties (including the paralegal, clerical, and secretarial staff employed by such counsel), and to the "qualified person" listed in subparagraphs 5(b) through (e) above, but shall not be disclosed to a party, unless otherwise agreed or ordered. If ...

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