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Robert Mitchell, et al v. Matthew Cate

September 17, 2012

ROBERT MITCHELL, ET AL.,
PLAINTIFFS,
v.
MATTHEW CATE, ET AL., DEFENDANTS.



STIPULATION AND [PROPOSED] PROTECTIVE ORDER

IT IS STIPULATED BY THE PARTIES, BY AND THROUGH THEIR RESPECTIVE COUNSEL, AND ORDERED BY THE COURT AS FOLLOWS:

A.CONFIDENTIAL MATERIAL AND INFORMATION SUBJECT TO THIS PROTECTIVE ORDER

The parties shall be entitled to designate in good faith which discovery responses are confidential. The criteria for such a designation shall be whether a party believes in good faith that the information is entitled to protection from disclosure under California state law, including but not limited to the names and numbers of prisoners, confidential employment records for CDCR Employees, and information that might compromise the safety or security of a prison or prisoner.

B.CONDITIONS FOR RELEASE OF CONFIDENTIAL DOCUMENTS

1.Any party may designate discovery responses, documents produced in discovery, or deposition transcripts as confidential by producing such documents on pink or lilac-colored paper, by stamping them as "confidential" on their face, by watermarking them, or by other mutually agreeable means. If a party does not indicate that a particular Document is confidential at the time it is produced, it will be presumed not confidential, without prejudice to the party's right to assert confidentiality at a later time.

2.Plaintiffs' counsel is prohibited from disclosing any confidential documents or information to Plaintiffs, any other inmate presently or previously in the custody of CDCR, any relatives or associates of an inmate presently or previously in the custody of the CDCR, or any other member of the public, except as described in Paragraph 3 below.

3.Unless the Court Orders otherwise, confidential documents and the information contained therein may be disclosed only to the following persons:

a. Counsel of record; b. Paralegal, attorney, stenographic, clerical, and secretarial personnel employed by counsel of record;

c. Court personnel, stenographic reporters, and videographers engaged in such proceedings that are incidental to preparation for the trial in this action;

d. Any outside expert or consultant retained by the parties for purposes of this litigation; and

e. Non-inmate witnesses to whom the documents and the information contained in the documents may be disclosed during, or in preparation for, a deposition taken in this matter, or otherwise during the preparation for trial and during trial, provided that the witness may not leave any deposition with copies of any of the confidential documents, and shall be informed of and shall agree to be bound by the terms of this order.

4.Each person to whom the parties' counsel disclose confidential information shall, prior to the time of disclosure, be provided with a written notice. The notice shall specify that the documents and information shall not be disclosed except as provided herein, that the documents and information are subject to this protective order in the United States District Court for the Eastern District of California, and that a violation of the confidentiality provisions may lead to enforcement action, including, but not limited to, any proceeding for civil or criminal contempt.

5.Plaintiffs' and Defendants' counsel, including paralegal, stenographic, clerical, and secretarial personnel employed by counsel of record shall not make copies of the confidential documents, or provide originals to anybody, except as necessary for purposes of this litigation, Mitchell v. Cate, et al., USDC, Eastern District of California, Case No. 2:08-CV-01196 JAM EFB, including appeals. Plaintiffs' and Defendants' counsel are responsible to ensure that these individuals comply with this protective order.

6. At the conclusion of this litigation, including appeals, all confidential documents, including copies, shall be destroyed ...


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