United States District Court, E.D. 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
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