UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
August 31, 2011
DEPUTY PAUL DESHONG, DOES 1 THROUGH 10, INCLUSIVE,
SHERIFF RODNEY K. MITCHELL,
COUNTY OF LAKE SHERIFF'S DEPARTMENT AND COUNTY OF LAKE, DEFENDANTS.
The opinion of the court was delivered by: Hon. Elizabeth D. Laporte United States Magistrate Judge
CHARLES F. BOURDON, State Bar #84782 Law Offices of Charles F. Bourdon 179 - 11th Street, 2nd Floor San Francisco, CA 94103 3 415-864-5100 415-865-0376 (fax) 4 BARON J. DREXEL, State Bar #132529 Law Offices of Baron J. Drexel 212 Ninth Street, Suite 401 6 5 Oakland, CA 94607 510-444-3184 (phone) 7 510-444-3181 (fax) Attorneys for Plaintiff 9
MARK A. JONES, State Bar #96494 KRISTEN K. PRESTON, State Bar #125455 10 JONES & DYER A Professional Corporation 11 1800 J Street Sacramento, California 95811 12 Telephone: (916) 552-5959 Fax: (916) 442-5959 13 Attorneys for: Defendants County of Lake, County of Lake Sheriff's Department, 14 Sheriff Rodney Mitchell and Deputy Richard Ward 15 TERENCE J. CASSIDY, State Bar #99180 JOHN R. WHITEFLEET, State Bar #213301 PORTER | SCOTT 17 16 350 University Avenue, Suite 200 Sacramento, California 95825 18 Telephone: (916) 929-1481 Fax: (916) 927-3706 19 Attorneys for: Defendant Deputy Paul DeShong 20
STIPULATION AND PROTECTIVE ORDER
It is hereby stipulated by and between all the parties to this action by and through their
2 respective attorneys of record, that in order to protect the confidentiality of the records described 3 below, any of said records disclosed pursuant to court order following the court's in camera review 4 are subject to a protective order (and designated as "Confidential Material") as follows: 5
1. The following records are designated as "Confidential Material":
a. County of Lake employment records of Richard Ward and/or Paul DeShong to the extent such records are ordered by the court to be produced after completion of the court's in camera review of the records submitted by Defendant County of Lake.
2. Confidential Material shall be used solely in connection with this litigation, the 11 preparation of trial, and trial in this case, subject to the rules of admissibility, or any related appellate 12 proceedings, and not for any other purpose, including any other litigation. 13
3. Confidential Material may not be disclosed except as set forth in paragraphs 4 and 5.
4. Confidential Material may be disclosed only to the following persons:
a. Counsel for any party to this action.
b. Paralegal, stenographic, clerical and secretarial personnel regularly employed by counsel referred to in 4(a);
c. Court personnel including stenographic reporters engaged in such proceedings as are necessarily incidental to preparation for the trial of this action;
d. Any outside expert or consultant retained in connection with this action, and not otherwise employed by either party;
e. Any "in house" expert designated by Defendants to testify at trial in this matter;
f. Persons shown on the face of the document to have authored or received it;
g. Any Neutral Evaluator or other designated ADR provider;
h. Such other persons as the parties may mutually agree;
i. Witnesses who may have the document disclosed to them during deposition proceedings; the witness may not leave the deposition with copies of the documents, and shall be bound by the provisions of paragraph 5; and
j. Investigators for any party to this action.
Nothing in this paragraph 4 is intended to prevent officials or employees of the County of Lake, or other authorized government officials from having access to the documents if they would 7 have had access in the normal course of their job duties. Further, nothing in this order prevents a 8 witness from disclosing event or activities personal to them, i.e., a witness can disclose to others 9 previous information given to the County of Lake with respect to what she/he saw, heard, or 10 otherwise sensed.
5. Each person to whom disclosure is made, with the exception of counsel who are presumed to know of the contents of this protective order, shall, prior to disclosure: (1) be provided 13 with a copy of this order by the person furnishing him/her such material, and (2) agree on the record 14 or in writing by signing the "Acknowledgment and Agreement To Be Bound" (Exhibit "A") that 15 she/he has read the protective order and that she/he understands the provisions of the protective 16 order. Such person must also consent to be subject to the jurisdiction of the United States District 17 Court, Northern District, with respect to any proceeding relating to the enforcement of this order.
Defendant County of Lake shall be entitled to retain possession of the original writings described 19 above. 6. Filing Protected Material. Without written permission from all parties or a court order 21 secured after appropriate notice to all interested persons, a Party may not file in the public record in this 22 action any Confidential Material. A Party that seeks to file under seal any Confidential Material must 23 comply with Civil Local Rule 79-5. Confidential Material may only be filed under seal pursuant to a 24 court order authorizing the sealing of the specific Confidential Material at issue. Pursuant to Civil Local 25 Rule 79-5, a sealing order will issue only upon a request establishing that the Confidential Material at 26 issue is privileged or otherwise entitled to protection under the law. If a Receiving Party's request to file 27 Protected Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then the 28 Receiving Party may file the information in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by the court. 2
7. At the conclusion of the trial and of any appeal or upon other termination of this 3 litigation, all Confidential Material received under the provisions of this order (including any copies 4 made) shall be delivered back to the County of Lake. Provisions of this order insofar as they restrict 5 disclosure and use of the material shall be in effect until all Confidential Material (including all 6 copies thereof) are returned to Defendants. 7
8. Any document filed with the Court that reveals Confidential Material shall be filed 8 under seal, labeled with a cover sheet as follows: "Brent Beckway v. Deputy Paul DeShong, et al., 9 United States District Court, Northern District, Case No. C-07-5072 TEH. This document is subject 10 to a protective order issued by the Court and may not be copied or examined except in compliance 11 with that order." Documents so labeled shall be kept by the Clerk under seal and shall be made 12 available only to the Court or counsel. Upon failure of the party to so file a document under seal, the 13 producing party may request that the Court place the filing under seal.
9. Nothing in this order shall preclude a party from showing or disclosing any 15 documents, e.g., deposition transcripts, pleadings or briefs, which otherwise contain Confidential 16 Material as defined in paragraph 1, as long as such document has been redacted so as to prevent 17 disclosure of such Confidential Material.
10. The foregoing is without prejudice to the right of any party (a) to apply to the Court 19 for a further protective order relating to any other Confidential Material or relating to discovery in 20 this litigation; (b) to apply to the Court for an order removing the Confidential Material designation 21 from any document; and (c) to apply to the Court for an order compelling production of documents 22 or modification of this order or for any order permitting designation of addition materials as "Confidential Materials" or disclosure of Confidential Materials beyond the terms of this order.
The Court having considered the foregoing stipulation of the parties, and good cause 16 appearing, the Court hereby orders that any and all employment records of Richard Ward and/or Paul 17
DeShong ordered produced to the plaintiff by the County of Lake upon completion of the court's in 18 camera review of such records be subject to a protective order fully incorporating the provisions set 19 forth above. Any party that seeks to file under seal any Confidential Material must comply with Local 20
Rule 79-5. 21
Pursuant to stipulation, it is so ordered. 22
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _______________________ [print or type full name], of ___________________ [print or 4 type full address], declare under penalty of perjury that I have read in its entirety and understand the 5
Stipulated Protective Order that was issued by the United States District Court for the Northern 6
District of California on _____________[date] in the case of Beckway v. DeShong, et al. , Case No. 7
C 07 5072 TEH (EDL). I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so comply could expose me to 9 sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any 10 manner any information or item that is subject to this Stipulated Protective Order to any person or 11 entity except in strict compliance with the provisions of this Order.
I further agree to submit the jurisdiction of the United States District Court for the Northern District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even 14 such enforcement proceedings occur after termination of this action.
I hereby appoint ________________________________[print or type full name] of ________________________[print or type full address and telephone number] as my California agent 17 for service of process in connection with this action or any proceedings related to enforcement of this
Stipulated Protective Order.
City and State where sworn and signed:
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