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Terry Simmons, Kelly Laney v. County of El Dorado; Randy Peshon; and Does 1 Through 50

October 25, 2011

TERRY SIMMONS, KELLY LANEY, PLAINTIFFS,
v.
COUNTY OF EL DORADO; RANDY PESHON; AND DOES 1 THROUGH 50, INCLUSIVE.
DEFENDANTS.



A PROFESSIONAL CORPORATION Nancy J. Sheehan, SBN 109419 Beatriz Berumen, SBN 271249 350 University Avenue, Suite 200 Sacramento, California 95825 (916) 929-1481 (916) 927-3706 (facsimile) E-mails: nsheehan@porterscott.com, bberumen@porterscott.com Attorneys for Defendant: COUNTY OF EL DORADO Douglas E. Watts, SBN 182274 WATTS LAW OFFICES 1745 Creekside Drive Folsom, CA 95630 Telephone: (916) 337-5221 Facsimile: (916) 404-5031 E-mail: dougwattsesq@yahoo.com Stephen M. Murphy, SBN 103768 LAW OFFICES OF STEPHEN M. MURPHY 180 Montgomery St., Suite 940 San Francisco, CA 94104 Phone: (415) 986-1338 Facsimile: (415) 986-1231 E-Mail: smurphy@sick-leave.com Attorneys for Plaintiffs: TERRY SIMMONS and KELLY LANEY

STIPULATION REGARDING PROTECTIVE ORDER AND [PROPOSED] ORDER Complaint filed: 2/19/11 First Amended Complaint filed: 7/8/11

Defendant COUNTY OF EL DORADO believes in good faith that certain potentially discoverable documents and deposition testimony in the above-captioned case contain information that is (a) confidential, sensitive, or potentially invasive of an individual's privacy interests; (b) not generally known; and (c) not normally revealed to the public or third parties or, if disclosed to third parties, would require such third parties to maintain the information in confidence.

Potentially discoverable documents include, but are not limited to:

1. El Dorado County Sheriff's Department employee personnel files, background files and workers' compensation files;

2. El Dorado County Sheriff's Department employee performance evaluations, letters of counseling, disciplinary proceedings, and related supporting documents;

3. El Dorado County Sheriff's Department Internal Affairs investigation documents;

4. COUNTY Human Resources investigation documents;

5. Plaintiffs' medical records and psychiatric records; and

6. Citizen complaints against peace officers or other employees of law enforcement agencies. All parties acknowledge that there are likely to be substantial numbers of documents and other material in existence which touch upon a number of sensitive matters and which may invade the right of privacy not only of the parties, but of a number of non-parties employed in the law enforcement community, private citizens, minors and victims of crime. Without a protective order in place, if such information is required to be produced in discovery, it may run afoul of privacy rights guaranteed under the United States Constitution, the California Evidence Code, and Article I, Section 1 of the California Constitution, and/or the California Police Officers' Bill of Rights.

Defendant also recognizes that in prior circumstances, District Courts within the Ninth Circuit have ordered disclosure of peace officer personnel records subject to a protective order signed by the Court. (See, e.g., Deocampo v. City of Vallejo, 2007 U.S. Dist. LEXIS 43744 (E.D. Cal. 2007).) In light of the customary treatment given peace officer personnel records in this Circuit, the sensitive nature of the documents to be disclosed and the strong presumption against disclosure of such information in response to a public records request or in response to discovery in a similar civil action in state Court absent a Court order, the COUNTY hereby request disclosure be governed by a Court-ordered protective order.

Subject to and without waiving any statutory or Constitutional privileges or objections to the admissibility or discoverability of any testimony, information or documents produced in connection with this Order, the parties stipulate that access to and use of such testimony, documents and information shall be governed by the provisions of this Stipulated Protective Order and that the terms set forth herein may be entered by the Court, pursuant to Federal Rule of Civil Procedure 26(c). This Stipulated Protective Order shall also apply to all copies, extracts, and summaries of designated documents.

I. DESIGNATION OF CONFIDENTIAL DOCUMENTS

A. "Confidential" materials shall be all documents that are handwritten, typewritten, printed, photostated, photographed, photocopied, transmitted by electronic mail or facsimile, and recorded by every means upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds or symbols, or combinations thereof, and any records thereby created regardless of the manner in which the record has been stored, which contain confidential and private information pertaining to Plaintiffs TERRY SIMMONS and KELLY LANEY, and any current or former COUNTY OF EL DORADO employees, and/or third persons who are not parties to this suit.

B. The scope of this Stipulated Protective Order is limited to the following categories of documents, which may or may not be subject to discovery:

1. El Dorado County Sheriff's Department Internal Affairs investigation documents;

2. El Dorado County Sheriff's Department Human Resources investigation documents;

3. El Dorado County Sheriff's Department memoranda and related ...


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