The opinion of the court was delivered by: Honorable Robert N. Block United States Magistrate Judge
STIPULATED SUPERSEDING PROTECTIVE ORDER; AND ORDER THEREON
Pursuant to this Court's Order dated May 27, 2011 (Doc. #97) and the status conference conducted on June 10, Petitioner and Respondent, through their respective counsel, hereby stipulate, agree and request that this Court enter the following superseding protective order regarding documents and materials produced to Respondent during this habeas action:
1. Documents and materials from trial counsel's file, including the files of other defense-team members, produced to Respondent's counsel before the deposition of trial counsel and the evidentiary hearing shall be deemed confidential. These documents and materials (hereafter "documents") may be used only by the parties to this federal habeas litigation, namely (1) representatives from the Office of the California Attorney General and (2) representatives of the Office of the Federal Public Defender. These documents may be used by these parties only for purposes of any proceedings incident to litigating the claims presented in the Petition for Writ of Habeas Corpus pending before this Court.
2. Disclosure of the contents of these documents or the documents themselves may not be made to any other persons or agencies, including any other law enforcement or prosecutorial personnel or agencies, without an order from this Court.
3. This order shall continue in effect after the conclusion of the habeas corpus proceedings and specifically shall apply in the event of a retrial of all or any portion of Petitioner's criminal case, except that either party maintains the right to request modification or vacation of this order upon entry of final judgment in this matter.
Respectfully submitted, SEAN K. KENNEDY Federal Public Defender DATED: June 29, 2011 By: /s/ Emily J. Groendyke MARK R. DROZDOWSKI EMILY J. GROENDYKE Deputy Federal Public Defenders, Counsel for Petitioner, ENRIQUE DIAZ EDMUND G. BROWN, JR. Attorney General for the State of California DATED: June 29, 2011 By: /s/ Allison H. Chung ALLISON H. CHUNG Deputy Attorney General Counsel for Respondent LARRY SMALL
Presented By: SEAN K. KENNEDY Federal Public Defender By: /S/ MARK R. DROZDOWSKI EMILY J. GROENDYKE Deputy Federal Public Defenders Counsel for Petitioner ENRIQUE DIAZ
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