UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 23, 2011
ANGELINA CANO AND MARIO CHE CANO, INDIVIDUALLY AND BOTH
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
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
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"
(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 disclosure of Attorney's Eyes Only
Material is made pursuant to this paragraph, all other provisions
in this Order with respect to confidentiality shall also apply.
8. 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
9. If Confidential Material, including any portion of a
deposition transcript designated as Confidential or Attorney's
Eyes Only Material, is included in any papers to be filed in
Court, such papers shall be labeled "Confidential-Subject to
Court Order" and filed under seal until further order of this
Court the party seeking to include the Confidential Material shall
file a request to seal the Confidential Material in accordance with
Eastern District of California Local Rule 141.
10. In the event that any Confidential Material is used in
any pre-trial court proceeding in this action, it shall not lose
its confidential status through such use, and the party using such
Confidential Material shall take all reasonable steps to maintain
its confidentiality during such use.
11. This Order shall be without prejudice to the right of
the parties (i) to bring before the Court at any time the
question of whether any particular document or information is
confidential or whether its use should be restricted, or (ii) to
present a motion to the Court under Fed. R. Civ. P. 26(c) for a
separate Protective Order as to any particular document or
information, including restrictions differing from those as
specified herein. This Order shall not be deemed to prejudice the
parties in any way in any future application for modification of
12. This Order is entered solely for the purpose of
facilitating the exchange of documents and information between
the parties to this action without involving the Court
unnecessarily in the process. Nothing in this Order nor the
production of any information or document under the terms of this
Order nor any proceedings pursuant to this Order shall be deemed to
have the effect of an admission or waiver by either party or of
altering the confidentiality or nonconfidentiality of any such
document or information or altering any existing obligation of any
party or the absence thereof.
13. This Order shall survive the final termination of this
action, to the extent that the information contained in
Confidential Material is not or does not become known to the
public, and the Court shall retain jurisdiction to resolve any
dispute concerning the use of information disclosed hereunder.
Upon termination of this action, counsel for the parties shall assemble and return to each other all documents, material, and deposition transcripts designated as confidential and all copies of same, or shall certify the destruction thereof.
John M. Luebberke (SBN 164893) Shelley L. Green (SBN 161521) City Attorney's Office 425 N. El Dorado St., Second Floor Stockton, California 95202 Telephone: (209) 937-8333 By: Shelley L. Green Shelley L. Green Attorneys for CITY DEFENDANTS Dated: March 23, 2011 Vittoria M. Bossi (SBN 154694) Clair & Bossi 2155 West March Lane, Suite 1A Stockton, CA 95207 Telephone: (209) 477-1800 By: Vittoria M. Bossi Vittoria M. Bossi Attorneys for Plaintiffs
ANGELINA CANO and MARIO CHE CANO APPROVED AND SO ORDERED.
Dated: March 24, 2011.
A NONDISCLOSURE AGREEMENT
I, , do solemnly swear that I am fully familiar with the terms of the Stipulated Protective Order entered in Angelina Cano, et al. v. City of Stockton, et al., United States District Court, Eastern District, Case No. 2:09-CV-7 01226-FCD-EFB and hereby agree to comply with and be bound by the terms and conditions of said Order unless and until modified by further Order of this Court. I hereby consent to the jurisdiction of said Court for purposes of enforcing this Order.
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