January 14, 2014
MICHAEL HUEY, Plaintiff,
CITY OF VALLEJO, et al., Defendants.
DAN SIEGEL, SBN 56400, DEAN ROYER, SBN 233292, SIEGEL & YEE, Oakland, California, Attorneys for Plaintiff MICHAEL HUEY
DOUGLAS PHARR, SBN 158078 Law Office of Douglas Pharr, Napa, California, Attorney for Plaintiff, JANEEN LOTTON.
CLAUDIA M. QUINTANA, City Attorney, SBN 178613, KELLY J. TRUJILLO, Deputy City Attorney, SBN 244286, CITY OF VALLEJO, City Hall, Vallejo, CA Attorneys for Defendants, CITY OF VALLEJO, JOSEPH KREINS, and ROBERT NICHELINI
STIPULATION FOR PROTECTIVE ORDER AND ORDER RE JUVENILE RECORDS
KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff Michael Huey, and his attorneys; plaintiff Janeen Lotton, and her attorneys; and defendants City of Vallejo, Joseph Kreins, Robert Nichelini, Kevin Bartlett, Jeremy Huff, and their attorneys; make this stipulation.
WHEREAS, defendants intend to request the juvenile records of decedent J.H. from the Solano County and Sacramento County courts.
WHEREAS the parties agree to protect the confidentiality of the juvenile records of decedent J.H.
NOW THEREFORE, the parties stipulate to the following:
1. The following records are subject to a protective order (and designated as
"Confidential Material"): juvenile records of decedent J. H. maintained by the Solano County and Sacramento County courts.
2. Confidential material may not be disclosed except as set forth in paragraphs three through five.
3. 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 paragraph 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 defendant to testify at trial in this matter; (f) witnesses who may have the documents disclosed to them during deposition proceedings (the witnesses may not leave the depositions with copies of the documents, and shall be bound by the provisions of paragraph five); (g) any Neutral Evaluator or other designated ADR provider; (h) parties to this action; and (i) the jury, should this matter go to trial.
4. 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 with a copy of this order by the person furnishing him/her such material, and (2) agree on the record or in writing that she/he has read the protective order and that she/he understand the provisions of the protective order. Such person must also consent to be subject to the jurisdiction of the United States District Court, Eastern District, with respect to any proceeding relating to the enforcement of this order. Nothing in this paragraph is intended to prevent officials or employees of the City of Vallejo or other authorized government officials or any other persons from having access to the documents if they would have had access in the normal course of their job duties or rights as a citizen. Further, nothing in this order prevents a witness from disclosing events or activities personal to them, i.e., a witness can disclose to others previous information given to the City of Vallejo with respect to what she/he saw, heard, or otherwise sensed.
5. At the conclusion of the trial and of any appeal or upon other termination of this litigation, all Confidential Material received under the provision of this order (including any copies made) shall be destroyed by defendants. Provisions of this order insofar as they restrict disclosure and use of the material shall be in effect until all Confidential Material (including all copies thereof) are destroyed by defendants.
6. In the event that either party wishes to file Confidential Material with the court, as an exhibit to a pleading or otherwise, the filing party shall first seek an order to file under seal pursuant to Local Rule 141. The Request to Seal Documents shall refer to this stipulation and protective order.
7. Nothing in this order shall preclude a party from showing or disclosing any documents, e.g., deposition transcript, pleading or brief, which otherwise contain Confidential Material as defined in paragraph 1, as long as such document has been redacted so as to prevent disclosure of such Confidential Material.
8. The foregoing is without prejudice to the right of any party (a) to apply to the Court for a further protective order relating to any Confidential Material or relating to discovery in this litigation; (b) to apply to the Court for an order removing the Confidential Material designation from any document; and (c) to apply to the Court for an order compelling production of documents or modification of this order or for any order permitting disclosure of Confidential Materials beyond the terms of this order.
IT IS SO ORDERED.