UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 14, 2011
RONALD L. PORTER,
RAY MABUS, SECRETARY, DEPARTMENT OF THE NAVY,
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
Stipulation and Protective Order
The parties stipulate as follows and request the Court enter the appropriate protective order:
Defendant is ordered to take all necessary steps to ensure employees, agents, contractors, representatives and other persons affiliated with the United States Naval facilities at Point Mugu and China Lake, California, and at HRSC, to refrain from destroying, deleting, or otherwise destroying or altering documents in their possession, that they knew, know, or should know, is relevant to the ongoing litigation, including but not limited to preservation of all data compilations, computerized data and other electronically-recorded information.
This order does not preclude any party from filing further spoliation or other discovery motions.
Respectfully submitted, Dated: 14 December 2011 /s/ ELAINE W. WALLACE Elaine W. Wallace Attorney for Plaintiff, Ronald L. Porter Dated: December 14, 2011 BENJAMIN B. WAGNER United States Attorney By: /s/ J. Earlene Gordon J. EARLENE GORDON Assistant U.S. Attorney Attorney for Defendant
Judge's Additional Language:
Any persons listed in the categories set forth above who are determined, either through their own testimony or via other means of discovery in this law suit, to have already destroyed documents in their possession and who are determined to have known or should have known of this litigation, are subject to sanctions and/or other forms of contempt orders from the undersigned. Note: At this juncture, given the length of litigation between Plaintiff Porter and the U.S. Navy, this Court does not hold Assistant U.S. Attorney Earlene Gordon responsible for any such spoliation absent a clear showing of good cause to do so. In other words, the individuals falling in the categories listed above should have
IT IS SO ORDERED.
Dated: December 14, 2011
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