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United States v. Alvarez

United States District Court, E.D. California

May 15, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSE MIGUEL ALVAREZ, Defendant.

          XAVIER BECERRA, State Bar No. 118517 Attorney General of California DAVID J. NEILL, State Bar No. 186997 Supervising Deputy Attorney General MATTHEW T. BESMER, State Bar No. 269138 Deputy Attorney General Attorneys for Real Party in Interest, California Highway Patrol

          AMENDED PROTECTIVE ORDER

         Non-Party California Highway Patrol's Motion to Quash came before this Court on May 15, 2017, at approximately 10:00 a.m., in Courtroom 5. This Court, having ordered disclosure of records and/or other information pursuant to Defendant's Subpoena, issues the following protective order:

         1. Records and other information ordered disclosed shall not be used to oppress, embarrass, or annoy the California Highway Patrol, officers, or any other individual to whom those records pertain; however, the parties understand that defense counsel will use such records and other information to investigate and file a motion to dismiss alleging selective enforcement and the parties agree that such use does not constitute a violation of this protective order.

         2. Records and other information ordered disclosed shall be marked “Confidential Subject to a Protective Order.” 3. Records and other information ordered disclosed must be stored and maintained by any party in receipt of the records or information at a location and in a secure manner that ensures that access is limited to the persons authorized under this order.

         4. The records and other information ordered disclosed shall not be used for any purposes other than to for prosecuting, defending, or attempting to settle this action.

         5. Unless otherwise ordered by the Court or permitted in writing by the CHP, the parties in this action may disclose the records and other information subject to this protective order only to:

(a) the parties' counsel of record in this action, and their employees when reasonably necessary to disclose information to them;
(b) the parties after they have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(c) the court and its personnel;
(d) court reporters and their staff;
(e) professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and
(f) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions.

         6. The records and other information ordered disclosed shall not be used for any purpose other than a court proceeding in this action pursuant to applicable law.

         7. Unauthorized Disclosure. If either party learns that, by inadvertence or otherwise, it has disclosed records or information subject to this protective order to any person or in any circumstance not authorized under this Stipulated Protective Order, the party must immediately (a) notify in writing CHP of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the records or information, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this ...


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