Jason Call v. Sa Matt Badgley et al

Northern District of California, cand-4:2015-cv-03353

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{72}} Motion for Protective Order.

Interested in this case?

Current View

Full Text

1 KAMALA D. HARRIS Attorney General of California 2 JEFFREY R. VINCENT Supervising Deputy Attorney General 3 WILFRED FONG Deputy Attorney General 4 State Bar No. 154303 1515 Clay Street, 20th Floor 5 P.O. Box 70550 Oakland, CA 94612-0550 6 Telephone: (510) 879-0189 Facsimile: (510) 622-2121 7 Attorneys for Defendants Nelson, Badgley, Cervelli, Letendre, Maki, and Helman 8 9 IN THE UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 Case No. 15-cv-03353-HSG 13 JASON CALL, STIPULATION FOR PROTECTIVE 14 Plaintiff, ORDER; AND ORDER 15 v. 16 COUNTY OF HUMBOLDT, et al., 17 Defendants. 18 19 20 The following Stipulated Protective Order shall govern the use and disclosure of the 21 documents and materials listed herein. 22 ITEMS SUBJECT TO THIS STIPULATED PROTECTIVE ORDER 23 (A) Any law enforcement policy or procedure material marked "Confidential" by the producing 24 party. 25 (B) Any peace officer personnel file records marked "Confidential" by the producing party. 26 (C) Any criminal investigation material marked "Confidential" by the producing party. 27 (D) Any other law enforcement material of a sensitive nature marked "Confidential" by the 28 producing party. 1 Stipulation for Protective Order, and (Proposed) Order (15-cv-03353-HSG) 1 TERMS AND CONDITIONS OF STIPULATED PROTECTIVE ORDER 2 Production of the documents and materials listed above will be subject to the following 3 conditions and the Court's Protective Order: 4 1. The documents, materials and their contents may be used by plaintiff and his counsel 5 only in this litigation and may not be used in separate proceedings or actions at this time or in the 6 future without first being obtained through proper discovery procedures or court orders in those 7 separate proceedings or actions. 8 2. The documents and their contents may not be disclosed, copied, distributed, shown, 9 described, or read to any person or entity (including, but not limited to, media representatives) by 10 plaintiff or his counsel, representatives or agents, other than (a) the parties to this litigation; 11 (b) the parties' attorneys, paralegals, and legal office staff in this litigation; (c) the parties' expert 12 consultants in this litigation for purposes of expert consultation and trial testimony preparation; 13 and (d) the Court in this action, filed under seal, for purposes of this litigation. 14 3. The plaintiff's expert consultants must sign an acknowledgment and agreement to be 15 bound by the terms of this Stipulation for Protective Order and Order, an executed copy of which 16 will be provided to defendant's counsel within seven (7) days after formal disclosure of such 17 consultants as expert witnesses in this litigation. The acknowledgment and agreement must 18 contain the following language: 19 "As an expert witness for the plaintiff in this lawsuit, I hereby acknowledge receipt of a copy of the signed Stipulation for Protective Order and Order, approved and entered 20 by the Court in this action, and I agree to be bound by all terms and conditions in that Protective Order and recognize that I may be personally found in contempt of Court 21 or subject to other sanctions determined by the Court should I violate any term or condition in that Protective Order." 22 23 4. All documents and materials produced subject to this Stipulated Protective Order will be 24 clearly marked "Confidential" to indicate that they are subject to this Protective Order. 25 5. Except for documents and materials filed under seal by the court, all originals and copies 26 of documents and materials produced subject to this Stipulated Protective Order shall be returned 27 to defendant's counsel within ten (10) days after final termination of this litigation, whether such 28 termination occurs by settlement, judgment, dismissal, appeal or otherwise. 2 Stipulation for Protective Order, and (Proposed) Order (15-cv-03353-HSG) 1 6. This Protective Order does not in any way affect or prejudice the right of any party at the 2 time of trial or other proceedings in this action to object to the admissibility of said documents or 3 materials at the trial or in other proceedings of this action. 4 7. Any writings or other documents stipulated in writing by the parties to be confidential 5 and subject to this Stipulated Protective Order, and produced subsequent to the date this 6 Protective Order is signed by the Court, shall also be subject to all the terms of this Stipulated 7 Protective Order. 8 8. If any party intends to file a motion that includes as an exhibit any writing(s) subject to 9 this Protective Order, that party shall meet and confer with the opposing party. If the producing 10 party maintains its position that the documents are confidential, the party intending to file the 11 documents must file a motion to file the documents under seal pursuant to Northern District Civil 12 Local Rule 79-5. 13 9. Violation of this Protective Order by any party or any other person, including but not 14 limited to any party's expert witnesses and consultants, will result in sanctions to be determined 15 by the Court upon application by any other party. 16 10. This Stipulated Protective Order and the obligations of all persons subject to it, 17 including those relating to the disclosure and use of the materials specified herein, shall survive 18 the final termination of this case, whether such termination is by settlement, judgment, dismissal, 19 appeal or otherwise. 20 11. Nothing in this Stipulated Protective Order is intended to prevent authorized 21 individuals from having access to the documents and materials specified herein to which they 22 would have had access in the normal course of their duties. 23 SO STIPULATED: 24 Dated: December 2, 2016 LINDA S. MITLYNG ATTORNEY AT LAW 25 26 _/s/ Linda S. Mitlyng LINDA S. MITLYING, ESQ. 27 Attorney for Plaintiff Jason Call 28 3 Stipulation for Protective Order, and (Proposed) Order (15-cv-03353-HSG) Dated: December 2, 2016 MITCHELL, BRISSO, DELANEY & VRIEZE 1 2 /s/ Nancy K. Delaney 3 NANCY K. DELANEY, ESQ. Attorney for County Defendants 4 Dated: December 2, 2016 KAMALA D. HARRIS 5 Attorney General of California JEFFREY R. VINCENT 6 Supervising Deputy Attorney General 7 /s/ Wil Fong 8 WIL FONG Deputy Attorney General 9 Attorneys for State Defendants 10 11 ORDER 12 Upon good cause shown, the above Stipulation of the parties is hereby approved and made 13 the Order of this Court. 14 15 Dated: December 6, 2016 _ _________________ 16 HON. HAYWOOD S. GILLIAM, JR. United States District Court Judge 17 18 19 20 21 22 23 24 25 26 27 OK2015900432 28 90721535.doc 4 Stipulation for Protective Order, and (Proposed) Order (15-cv-03353-HSG)