Predybaylo v. Sacramento County, California

          PORTER SCOTT A PROFESSIONAL CORPORATION CARL L. FESSENDEN ATTORNEYS FOR DEFENDANTS NEVADA COUNTY, NEVADA COUNTY SHERIFF'S DEPARTMENT AND SHERIFF KEITH ROYAL

          LAW OFFICE OF PATRICK H. DWYER PATRICK H. DWYER ATTORNEY FOR PLAINTIFF JOHN DAVID PETERSON

          PROTECTIVE ORDER

          CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE.

         A. PURPOSES AND LIMITATIONS

         Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to, and petition the court to enter, the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited extent such information or items are entitled to confidential treatment under the applicable federal law, including the Health Insurance Portability and Accountability Act (“HIPAA”) and the Federal Rules of Civil Procedure. The parties further acknowledge that this Stipulated Protective Order does not entitle them to file confidential information under seal. Civil Local Rule 141 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal.

         B. STIPULATION

         The parties hereby stipulate and agree as follows:

         1. DOCUMENTS.

         The following documents are protected Materials and shall not be used for any purpose other than this litigation:

(a) all video covering Plaintiff at the Sacramento County mail jail from the time Plaintiff was brought into booking on or about July 5, 2017 until the time that Plaintiff was transferred to the custody of the Nevada County Sheriff's Department;

(b) any incident report or investigation concerning the allegations in the First Amended Complaint.;

(c) all medical records, including x-rays, for Plaintiff while at the Sacramento County jail;

(d) plaintiff's past and current medical records;

(e) medical billings, insurance information and evidence of payments made;

(f) personnel files of any peace officer or medical personnel involved in this case;

(g) any Internal Affairs Investigation materials from the Sacramento County Sheriff's Dept.;

(h) Sacramento County Correctional Health policies;

(i) Sacramento County Sheriff Dept. Policies; and

(j) if a party wants to designate a document other than what is identified above as confidential under this Protective Order, the procedure set forth in Sections D and E shall be followed.

         2. SCOPE

         The protections conferred by this Stipulation and Order cover not only Protected Material, but also: (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel of Record that might reveal Protected Material. However, the protections conferred by this Stipulation and Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order, including becoming part of the public record through court order, trial, or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.

         3. DURATION

         Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until: (1) a Designating Party agrees otherwise in writing; (2) a court order otherwise directs; or (3) there is a complete return or destruction of all Protected Material pursuant to Section 8. Final disposition shall be deemed to be the later of: (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any motions or applications for extension of time pursuant to applicable law.

         4. ACCESS TO AND USE OF PROTECTED MATERIAL

         4.1 Basic Principles

         A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this case only for prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to the categories of persons and under the conditions described in this Order. When the litigation has been terminated, a Receiving Party must comply with the provisions of section 8 below (FINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order.

         4.2 Disclosure of “CONFIDENTIAL” Information or Items

         Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to:

(a) the Receiving Party's Counsel of Record in this action, as well as employees of said Counsel of Record to whom it is reasonably necessary to disclose the information for this litigation;

(b) the officers, directors, and employees of the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and ...