McFarland v. City of Clovis

          Bruce D. Praet, G. Craig Smith FERGUSON, PRAET & SHERMAN A Professional Corporation, Attorneys for Defendants.

          [PROPOSED] ORDER RE STIPULATED PROTECTIVE ORDER

          SANDRA M. SNYDER UNITED STATES MAGISTRATE JUDGE.

         To expedite the flow of discovery materials, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that only materials that the parties and third-parties are entitled to keep confidential are subject to such treatment, and to ensure that the parties are permitted reasonably necessary uses of such materials in preparation for and in the conduct of trial, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it is HEREBY ORDERED THAT:

         1. Documents designated as “Confidential” or “Confidential - Counsel Only” (hereinafter collectively “Protected Information”), and produced by parties to this action, are subject to this Protective Order.

         2. “Confidential” documents shall be defined as documents for whichthe designating party would be entitled to have protected from public disclosure by Court order under Rule 26(c) of the Federal Rules of Civil Procedure and the relevant case law.

         3. “Confidential - Counsel Only” documents shall be defined as “Confidential” documents, as defined in paragraph 2, that also contain sensitive personal information, including, for example, personnel records and medical records.

         4. Protected Information shall be used solely in connection with the civil case of Lyle S. McFarland v. City of Clovis, et al, Case No. 1:15-cv-01530 AWI-SMS, and in the preparation of trial of this case, or any related proceeding.

         5. A party producing the documents and materials described above may designate those materials by affixing a mark labeling them as “Confidential” or “Confidential -Counsel Only.” If any Protected Information cannot be labeled with the aforementioned marking, those materials shall be placed in a sealed envelope or other container that is in turn marked with the appropriate designation in a manner agreed upon by the disclosing and requesting parties.

         6. Protected Information designated under this Protective Order as “Confidential” may only be disclosed to the following persons:

a) Counsel for the parties;

b) Paralegal, clerical, and secretarial personnel regularly employed by counsel referred to in subpart (a) directly above, including stenographic deposition reporters or videographers retained in connection with this action;

c) Court personnel including stenographic reporters or videographers engaged in proceedings as are necessarily incidental to the preparation for the trial of the civil action;

d) Any expert or consultant retained in connection with this action;

e) The finder of fact at the time of trial, subject to the court’s rulings on in limine motions and ...