Opinion

Alejandre v. County of San Joaquin

Court
District Court, E.D. California
Filed
Dec 17, 2019
Cited by
0 cases

The opinion

1 || Gregory B. Thomas (SBN 239870)

E-mail: gthomas@bwslaw.com

2 || Michael A. Slater (SBN 318899)

E-mail: mslater@bwslaw.com

3 || BURKE, WILLIAMS & SORENSEN, LLP

1901 Harrison Street, Suite 900

4 || Oakland, CA 94612-3501

Tel: 510.273.8780 Fax: 510.839.9104

5

Attorneys for Defendant

6 || COUNTY OF SAN JOAQUIN

4

8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

10

11 || CINDY M. ALEJANDRE; and DAVID Case No. 2:19-cv-00233-WBS-KJN

GONZALEZ II as Co-Successors-in-Interest

12 | to Decedent David Gonzalez III, STIPULATED PROTECTIVE ORDER

13

4 Plaintiffs,

15 |

COUNTY OF SAN JOAQUIN, a

16 municipal corporation; and DOES 1-50,

inclusive, individually and in their official

17 capacity as Sheriff's Deputies for the San

18 Joaquin County Sheriff's Department,

19 Defendants.

20

21 | 1. PURPOSES AND LIMITATIONS

22 Disclosure and discovery activity in this action are likely to involve production of

23 || confidential, proprietary, or private information for which special protection from public

24 || disclosure and from use for any purpose other than prosecuting this litigation may be warranted.

25 || Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated

26 || Protective Order. The parties acknowledge that this Order does not confer blanket protections on

27 || all disclosures or responses to discovery and that the protection it affords from public disclosure

28 || and use extends only to the limited information or items that are entitled to confidential treatment

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1 || under the applicable legal principles. The parties further acknowledge, as set forth below, that

2 || this Stipulation and Order creates no entitlement to file confidential information under seal; and

3 || that Eastern District Local Rule 141 sets forth the procedures that must be followed and reflects

4 || the standards that will be applied when a party seeks permission from the court to file material

5 || under seal.

6 || 2. DEFINITIONS

7 2.1 Party: any party to this action, including all of its officers, directors, employees,

8 || consultants, retained experts, house counsel and outside counsel (and their support staff).

9 2.2 Disclosure or Discovery Material: all items or information, regardless of the

10 || medium or manner generated, stored or maintained (including, among other things, testimony,

11 || transcripts, or tangible things) that are produced or generated in disclosures or responses to

12 || discovery by any Party in this matter.

13 2.3 Confidential Information or Items: information (regardless of the medium or

14 || how generated, stored, or maintained) or tangible things that qualify for protection under

15 || standards developed under Federal Rule of Civil Procedure 26(c) and/or applicable federal

16 || privileges. This material includes, but is not limited to, medical and psychotherapeutic records;

17 || as well as peace officer personnel records as defined by California Penal Code sections 832.8,

18 || 832.5, 832.7 and the associated case law; and other similar confidential records designated as

19 || such.

20 2.4 Receiving Party: a Party that receives Disclosure or Discovery Material from a

21 || Producing Party, including a Party that has noticed or subpoenaed and is taking a deposition or

22 || comparable testimony.

23 2.5 Producing Party: a Party or non-party that produces Disclosure or Discovery

24 || Material in this action, including a Party that is defending a deposition noticed or subpoenaed by

25 || another Party; additionally, for the limited purpose of designating testimony subject to this

26 || Stipulation and Order pursuant to section 6.2(b) (infra), a “Producing Party” shall also be

27 || construed to include a Party that is attending and/or participating in a non-party deposition

28 || noticed/subpoenaed by another Party.

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1 2.6 Designating Party: a Party or non-party that designates information or items that

2 || it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”

3 2.7 Protected Material: any Disclosure or Discovery Material that is designated as

4 || “CONFIDENTIAL” under the provisions of this Stipulation and Protective Order. (The term

5 || “Confidential Document” shall be synonymous with the term “Protected Material” for the

6 || purposes of this Stipulation and Protective Order.)

7 2.8 Outside Counsel: attorneys who are not employees of a Party but who are retained

8 || to represent or advise a Party in this action (as well as their support staffs).

9 2.9 House Counsel: attorneys who are employees of a Party (as well as their support

10 || staffs).

ll 2.10 Counsel (without qualifier): Outside Counsel and House Counsel (as well as

12 || their support staffs).

13 2.11. Expert: a person with specialized knowledge or experience in a matter pertinent to

14 || the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a

15 || consultant in this action and who is not a past or a current employee of a Party and who, at the

16 || time of retention, is not anticipated to become an employee of a Party or a competitor of a

17 || Party’s; as well as any person retained, designated, or disclosed by a Party as an expert pursuant

18 || to Federal Rule of Civil Procedure 26(a)(2).

19 2.12 Professional Vendors: persons or entities that provide litigation support services

20 || (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing,

21 || storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.

22 || 3. SCOPE

23 The protections conferred by this Stipulation and Order cover not only Protected

24 || Material/Confidential Documents (as defined above), but also: (1) any information copied or

25 || extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of

26 || Protected Material; and (3) any testimony, conversations, or presentations by Parties or their

27 || Counsel that might reveal Protected Material. However, the protections conferred by this

28 || Stipulation and Order do not cover the following information: (a) any information that is in the

Onc aguante 3. STIPULATED PROTECTIVE ORDER

1 || public domain at the time of disclosure to a Receiving Party or becomes part of the public domain

2 || after its disclosure to a Receiving Party as a result of publication not involving a violation of this

3 || Order, including becoming part of the public record through trial or otherwise; and (b) any

4 || information known to the Receiving Party prior to the disclosure or obtained by the Receiving

5 || Party after the disclosure from a source who obtained the information lawfully and under no

6 || obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall

7 || not be governed by this Order, and may be governed by a separate agreement or order.

8 || 4. DURATION

9 Even after final disposition of this litigation, the confidentiality obligations imposed by

10 || this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court

11 || order otherwise directs. Final disposition shall be deemed to be the later of:

12 (1) dismissal of all claims and defenses in this action, with or without prejudice; and

13 (2) final judgment herein after the completion and exhaustion of all appeals,

14 || rehearings, remands, trials, or reviews of this action, including the time limits for filing any

15 || motions or applications for extension of time pursuant to applicable law.

16 |] 5. DESIGNATING PROTECTED MATERIAL

17 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each

18 || Party or non-party that designates information or items for protection under this Order must take

19 || care to limit any such designation to specific material that qualifies under the appropriate

20 || standards. A Designating Party must take care to designate for protection only those parts of

21 || material, documents, items, or oral or written communications that qualify — so that other portions

22 || of the material, documents, items or communications for which protection is not warranted are

23 || not swept unjustifiably within the ambit of this Order.

24 Mass, indiscriminate, or routine designations are prohibited. Designations that are shown

25 || to be clearly unjustified, or that have been made for an improper purpose (e.g., to unnecessarily

26 || encumber or retard the case development process, or to impose unnecessary expenses and

27 || burdens on other parties), expose the Designating Party to sanctions. If it comes to a Party’s or a

28 || non-party’s attention that information or items that it designated for protection do not qualify for

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1 || protection at all, or do not qualify for the level of protection initially asserted, that Party or non-

2 || party must promptly notify all other parties that it is withdrawing the mistaken designation.

3 5.2. Manner and Timing of Designations. Except as otherwise provided in this

4 || Order, or as otherwise stipulated or ordered, material that qualifies for protection under this Order

5 || must be clearly so designated before the material is disclosed or produced. Designation in

6 || conformity with this Order requires:

7 (a) for information in documentary form (e.g., paper or electronic

8 || documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the

9 || Producing Party affix the legend “CONFIDENTIAL” to each page that contains protected

10 || material. If only a portion or portions of the material on a page qualifies for protection, the

11 || Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate

12 || markings in the margins).

13 A Party or Non-Party that makes original documents or materials available for

14 || inspection need not designate them for protection until after the inspecting Party has indicated

15 || which material it would like copied and produced. During the inspection and before the

16 || designation, all of the material made available for inspection shall be deemed

17 || “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and

18 || produced, the Producing Party must determine which documents, or portions thereof, qualify for

19 || protection under this Order. Then, before producing the specified documents, the Producing

20 || Party must affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If

21 || only a portion or portions of the material on a page qualifies for protection, the Producing Party

22 || also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the

23 || margins).

24 (b) for testimony given in deposition or in other pretrial or trial

25 || proceedings, that the Party or non-party offering or sponsoring the testimony identify on the

26 || record, before the close of the deposition, hearing, or other proceeding, all protected testimony,

27 || and further specify any portions of the testimony that qualify as “CONFIDENTIAL.” When it is

28 || impractical to identify separately each portion of testimony that is entitled to protection, and when

Onc aguante 5. STIPULATED PROTECTIVE ORDER

1 || it appears that substantial portions of the testimony may qualify for protection, the Producing

2 || Party may invoke on the record (before the deposition or proceeding is concluded) a right to have

3 || up to twenty (20) days to identify the specific portions of the testimony as “CONFIDENTIAL.”

4 || Only those portions of the testimony that are appropriately designated as “CONFIDENTIAL” for

5 || protection within the 20 days shall be covered by the provisions of this Stipulation and Protective

6 || Order. Transcript pages containing Protected Material must be separately bound by the court

7 || reporter, who must affix to each such page the legend “CONFIDENTIAL,” as instructed by the

8 || Producing Party.

9 (c) for information produced in some form other than documentary and

10 || for any other tangible items (including but not limited to information produced on disc or

11 || electronic data storage device), that the Producing Party affix in a prominent place on the

12 || exterior of the container or containers in which the information or item is stored the legend

13 || “CONFIDENTIAL.” If only portions of the information or item warrant protection, the

14 || Producing Party, to the extent practicable, shall identify the protected portions, specifying the

15 || material as “CONFIDENTIAL.”

16 5.3. Inadvertent Failures to Designate. If timely corrected (preferably, though not

17 || necessarily, within 30 days of production or disclosure of such material), an inadvertent failure to

18 || designate qualified information or items as “CONFIDENTIAL” does not, standing alone, waive

19 || the Designating Party’s right to secure protection under this Order for such material. If material

20 || is appropriately designated as “CONFIDENTIAL” after the material was initially produced, the

21 || Receiving Party, on timely notification of the designation, must make reasonable efforts to assure

22 || that the material is treated in accordance with this Order.

23 5.4 Alteration of Confidentiality Stamp. A Receiving Party shall not alter, edit, or

24 || modify any Protected Material so as to conceal, obscure, or remove a “CONFIDENTIAL” stamp

25 || or legend thereon; nor shall a Receiving Party take any other action so as to make it appear that

26 || Protected Material is not subject to the terms and provisions of this Stipulation and Order.

27 || However, nothing in this section shall be construed so as to prevent a Receiving Party from

28 || challenging a confidentiality designation subject to the provisions of section 6, infra.

aa qasaennessasa 6. STIPULATED PROTECTIVE ORDER

1 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of

3 || confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

4 || designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

5 || burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to

6 || challenge a confidentiality designation by electing not to mount a challenge promptly after the

7 || original designation is disclosed.

8 6.2. Meet and Confer. The Challenging Party shall initiate the dispute resolution

9 || process by providing written notice of each designation it is challenging and describing the basis

10 || for each challenge. To avoid ambiguity as to whether a challenge has been made, the written

11 || notice must recite that the challenge to confidentiality is being made in accordance with this

12 || specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in

13 || good faith and must begin the process by conferring directly (in voice to voice dialogue; other

14 || forms of communication are not sufficient) within 14 days of the date of service of notice. In

15 || conferring, the Challenging Party must explain the basis for its belief that the confidentiality

16 || designation was not proper and must give the Designating Party an opportunity to review the

17 || designated material, to reconsider the circumstances, and, if no change in designation is offered,

18 || to explain the basis for the chosen designation. A Challenging Party may proceed to the next

19 || stage of the challenge process only if it has engaged in this meet and confer process first or

20 || establishes that the Designating Party is unwilling to participate in the meet and confer process in

21 || atimely manner.

22 6.3 Judicial Intervention.

23 If the Parties cannot resolve a challenge without court intervention, the Challenging Party

24 || shall file and serve a motion to remove confidentiality under Eastern District Local Rule 230 and

25 || 251 (and in compliance with Eastern District Local Rules 141 and 141.1, if applicable) within 14

26 || days of the parties agreeing that the meet and confer process will not resolve their dispute, or by

27 || the first day of trial of this matter, whichever date is earlier, unless the parties agree in writing to a

28 || longer time. Each such motion must be accompanied by a competent declaration affirming that

Onc aguante 7. STIPULATED PROTECTIVE ORDER

1 || the movant has complied with the meet and confer requirements imposed in the preceding

2 || paragraph. In addition, the Challenging Party may file a motion challenging a confidentiality

3 || designation at any time if there is good cause for doing so, including a challenge to the

4 || designation of a deposition transcript or any portions thereof. Any motion brought pursuant to

5 || this provision must be accompanied by a competent declaration affirming that the movant has

6 || complied with the meet and confer requirements imposed by the preceding paragraph.

7 The burden of persuasion in any such challenge proceeding shall be on the Designating

8 || Party, regardless of whether the Designating Party is the moving party or whether such Party

9 || sought or opposes judicial intervention. Frivolous challenges, and those made for an improper

10 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) may

11 || expose the Challenging Party to sanctions. Unless the Designating Party has waived the

12 || confidentiality designation by failing to oppose a motion to remove confidentiality as described

13 || above, all parties shall continue to afford the material in question the level of protection to which

14 || itis entitled under the Producing Party’s designation until the court rules on the challenge.

15 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a

16 || Designating Party may remove Protected Material/Confidential Documents from some or all of

17 || the protections and provisions of this Stipulation and Order at any time by any of the following

18 || methods:

19 (a) Express Written Withdrawal. A Designating Party may withdraw a

20 || “CONFIDENTIAL” designation made to any specified Protected Material/Confidential

21 || Documents from some or all of the protections of this Stipulation and Order by an express

22 || withdrawal in a writing signed by such Party (or such Party’s Counsel, but not including staff of

23 || such Counsel) that specifies and itemizes the Disclosure or Discovery Material previously

24 || designated as Protected Material/Confidential Documents that shall no longer be subject to all or

25 || some of the provisions of this Stipulation and Order. Such express withdrawal shall be effective

26 || when transmitted or served upon the Receiving Party. If a Designating Party is withdrawing

27 || Protected Material from only some of the provisions/protections of this Stipulation and Order,

28 || such Party must state which specific provisions are no longer to be enforced as to the specified

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1 || material for which confidentiality protection hereunder is withdrawn: otherwise, such withdrawal

2 || shall be construed as a withdrawal of such material from all of the protections/provisions of this

3 || Stipulation and Order;

4 (b) Express Withdrawal on the Record. A Designating Party may withdraw

5 || a “CONFIDENTIAL” designation made to any specified Protected Material/Confidential

6 || Documents from all of the provisions/protections of this Stipulation and Order by verbally

7 || consenting in court proceedings on the record to such withdrawal — provided that such withdrawal

8 || specifies the Disclosure or Discovery Material previously designated as _ Protected

9 || Material/Confidential Documents that shall no longer be subject to any of the provisions of this

10 || Stipulation and Order. A Designating Party is not permitted to withdraw Protected Material from

11 || only some of the protections/provisions of this Stipulation and Order by this method;

12 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge.

13 || A Designating Party shall be construed to have withdrawn a “CONFIDENTIAL” designation

14 || made to any specified Protected Material/Confidential Documents from all of the

15 || provisions/protections of this Stipulation and Order by either (1) making such Protected

16 || Material/Confidential Records part of the public record — including but not limited to attaching

17 || such as exhibits to any filing with the court without moving, prior to such filing, for the court to

18 |} seal such records; or (2) failing to timely oppose a Challenging Party’s motion to remove a

19 |} “CONFIDENTIAL” designation to specified Protected Material/Confidential Documents.

20 || Nothing in this Stipulation and Order shall be construed so as to require any Party to file

21 || Protected Material/Confidential Documents under seal, unless expressly specified herein.

22 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL

23 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed

24 || or produced by another Party or by a Non-Party in connection with this case only for prosecuting,

25 || defending, or attempting to settle this litigation. Such Protected Material may be disclosed only

26 || to the categories of persons and under the conditions described in this Order. When the litigation

27 || has been terminated, a Receiving Party must comply with the provisions of section 13 below

28 || CFINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party

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1 || at a location and in a secure manner that ensures that access is limited to the persons authorized

2 || under this Order.

3 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

4 || ordered by the court or permitted in writing by the Designating Party, a Receiving Party may

5 || disclose any information or item designated “CONFIDENTIAL” only to:

6 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as

7 || employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the

8 || information for this litigation and who have signed the “Acknowledgment and Agreement to Be

9 || Bound” that is attached hereto as Exhibit A;

10 (b) the officers, directors, and employees (including House Counsel) of the

11 || Receiving Party to whom disclosure is reasonably necessary for this litigation and who have

12 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

13 (c) Experts (as defined in this Order) of the Receiving Party to whom

14 || disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment

15 || and Agreement to Be Bound” (Exhibit A);

16 (d) the court and its personnel;

17 (e) court reporters and their staff, professional jury or trial consultants, mock

18 || jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation

19 || and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

20 (f) during their depositions, witnesses in the action to whom disclosure is

21 || reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”

22 || (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of

23 || transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be

24 || separately bound by the court reporter and may not be disclosed to anyone except as permitted

25 || under this Stipulated Protective Order; and/or

26 (g) the author or recipient of a document containing the information or a

27 || custodian or other person who otherwise possessed or knew the information.

28 || ///

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1 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

2 OTHER LITIGATION

3 If a Party is served with a subpoena or a court order issued in other litigation that compels

4 || disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party

5 || must:

6 (a) promptly notify in writing the Designating Party. Such notification shall include a

7 || copy of the subpoena or court order;

8 (b) promptly notify in writing the party who caused the subpoena or order to issue in

9 || the other litigation that some or all of the material covered by the subpoena or order is subject to

10 || this Protective Order. Such notification shall include a copy of this Stipulated Protective Order;

11 || and

12 (c) cooperate with respect to all reasonable procedures sought to be pursued by the

13 || Designating Party whose Protected Material may be affected.

14 If the Designating Party timely seeks a protective order, the Party served with the

15 || subpoena or court order shall not produce any information designated in this action as

16 || “CONFIDENTIAL” before a determination by the court from which the subpoena or order

17 || issued, unless the Party has obtained the Designating Party’s permission. The Designating Party

18 || shall bear the burden and expense of seeking protection in that court of its confidential material —

19 || and nothing in these provisions should be construed as authorizing or encouraging a Receiving

20 || Party in this action to disobey a lawful directive from another court.

21 || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN

22 THIS LITIGATION

23 (a) The terms of this Order are applicable to information produced by a Non-Party in

24 || this action and designated as “CONFIDENTIAL.” Such information produced by Non-Patties in

25 || connection with this litigation is protected by the remedies and relief provided by this Order.

26 || Nothing in these provisions should be construed as prohibiting a Non-Party from seeking

27 || additional protections.

28 (b) In the event that a Party is required, by a valid discovery request, to produce a

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1 || Non-Party’s confidential information in its possession, and the Party is subject to an agreement

2 || with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:

3 (1) promptly notify in writing the Requesting Party and the Non- Party that

4 some or all of the information requested is subject to a confidentiality agreement

5 with a Non-Party;

6 (2) promptly provide the Non-Party with a copy of the Stipulated Protective

7 Order in this litigation, the relevant discovery request(s), and a reasonably specific

8 description of the information requested; and

9 (3) make the information requested available for inspection by the Non-Party.

10 (c) If the Non-Party fails to object or seek a protective order from this court within 14

11 || days of receiving the notice and accompanying information, the Receiving Party may produce the

12 || Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely

13 || seeks a protective order, the Receiving Party shall not produce any information in its possession

14 || or control that is subject to the confidentiality agreement with the Non-Party before a

15 || determination by the court. Absent a court order to the contrary, the Non-Party shall bear the

16 || burden and expense of seeking protection in this court of its Protected Material.

17 | 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

19 || Material to any person or in any circumstance not authorized under this Stipulated Protective

20 || Order, the Receiving Party must immediately: (a) notify in writing the Designating Party of the

21 || unauthorized disclosures; (b) use its best efforts to retrieve all unauthorized copies of the

22 || Protected Material; (c) inform the person or persons to whom unauthorized disclosures were

23 || made of all the terms of this Order; and (d) request such person or persons to execute the

24 || “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.

25 || 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

26 PROTECTED MATERIAL

27 When a Producing Party gives notice to Receiving Parties that certain inadvertently

28 || produced material is subject to a claim of privilege or other protection, the obligations of the

Onc aguante “10- STIPULATED PROTECTIVE ORDER

1 || Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This

2 || provision is not intended to modify whatever procedure may be established in an e-discovery

3 || order that provides for production without prior privilege review. Pursuant to Federal Rule of

4 || Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a

5 || communication or information covered by the attorney-client privilege or work product

6 || protection, the parties may incorporate their agreement in the stipulated protective order

7 || submitted to the court.

8 || 12. PUBLICATION OF PROTECTED MATERIAL

9 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to

10 || seek its modification by the court in the future.

11 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective

12 || Order no Party waives any right it otherwise would have to object to disclosing or producing any

13 || information or item on any ground not addressed in this Stipulated Protective Order. Similarly,

14 || no Party waives any right to object on any ground to use in evidence of any of the material

15 || covered by this Protective Order.

16 12.3. Filing of Protected Material. Without advance written permission from the

17 || Designating Party, or a court order secured after appropriate notice to all interested persons, a

18 || Receiving Party may not file in the public record in this action any Protected Material. A Party

19 || that seeks to file under seal any Protected Material must comply with Eastern District Local Rule

20 || 141 and/or 141.1, to the extent applicable. 12.2. Public Dissemination of Protected Material. A

21 || Receiving Party shall not publish, release, post, or disseminate Protected Material to any persons

22 || except those specifically delineated and authorized by this Stipulation and Order; nor shall a

23 || Receiving Party publish, release, leak, post, or disseminate Protected Material/Confidential

24 || Documents to any news media, member of the press, website, or public forum (except as

25 || permitted under section 12.1 regarding filings with the court in this action and under seal).

26 12.4. Public Dissemination of Protected Material. A Receiving Party shall not

27 || publish, release, post, or disseminate Protected Material to any persons except those specifically

28 || delineated and authorized by this Stipulation and Order; nor shall a Receiving Party publish,

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1 || release, leak, post, or disseminate Protected Material/Confidential Documents to any news media,

2 || member of the press, website, or public forum (except as permitted under section 12.1 regarding

3 || filings with the court in this action and under seal).

4 | 13. FINAL DISPOSITION

5 Within 60 days after the final disposition of this action, as defined in paragraph 4, each

6 || Receiving Party must return all Protected Material to the Producing Party or destroy such

7 || material. As used in this subdivision, “all Protected Material” including all copies, abstracts,

8 || compilations, summaries and any other format reproducing or capturing of the Protected Material.

9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

10 || Dated: December 16, 2019 BURKE, WILLIAMS & SORENSEN, LLP

11 By: /s/ Gregory B. Thomas

Gregory B. Thomas

12 Michael A. Slater

Attorneys for defendants COUNTY OF

13 SAN JOAQUIN

14

15 || Dated: December 16, 2019 THE LAW OFFICES OF JOHN BURRIS

16 By: /s/ Chike Odiwe

John Burris

17 Dewitt M. Lacy

Chike Odiwe

18 Attorneys for Plaintiffs CINDY M.

ALEJANDRE; and DAVID GONZALEZ

19 II as Co-Successors-in-Interest to Decedent

David Gonzalez III

20

71 Under Eastern District of California Civil Local Rule 131(e), I attest that I obtained

22 || concurrence in the filing of this document from all of the above signatories.

23

24 || Dated: December 16, 2019 BURKE, WILLIAMS & SORENSEN, LLP

25 By: /s/ Gregory B. Thomas

Gregory B. Thomas

26 Michael A. Slater

Attorneys for COUNTY OF SAN

27 JOAQUIN

28

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LLP OAK #4848-2304-5545 v1 -14- CASE NO □□□□□□□□□□□□□□□□□□□□□□

1 ORDER

2 The Court has reviewed the parties’ stipulated protective order, and

3 | GRANTS the request subject to the following authorities and exceptions. Under

4 || “duration,” the parties have stipulated to enforcement of the protection “[e]ven after

5 || final disposition of this litigation.” However, the Local Rules clearly indicate that

6 || once this action is closed, “unless otherwise ordered, the Court will not retain

7 || jurisdiction over enforcement of the terms of any protective order filed in that

8 || action.” L.R. 141.1(f). Courts in the district generally do not agree to retain

9 || jurisdiction after closure of the case, and the Court will not do so here. See, e.g.,

10 || MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., February

11 |) 03, 2017).

12 Despite this inadequacy, the Court approves the parties’ protective in order to

13 || facilitate the exchange of discovery. Counsel of record should take note of the

14 || above authorities for future proceedings.

15 || Dated: December 17, 2019

Aectl Aharon

17 KENDALL J. NE

UNITED STATES MAGISTRATE JUDGE

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alej.233

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WILLIAMS &

aa qasaennessasa 15- STIPULATED PROTECTIVE ORDER

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, [print or type full □□□□□□ of

4 [print or type full address], declare under penalty of

5 || perjury that I have read in its entirety and understand the Stipulated Protective Order that was

6 || issued by the United States District Court for the Eastern District of California on

7 || [date] in the case of Cindy Alejandre, et al. v. County of San Joaquin, et al., case no. 2:19-CV-

8 || 00233-WBS-KJN. I agree to comply with and to be bound by all the terms of this Stipulated

9 || Protective Order and I understand and acknowledge that failure to so comply could expose me to

10 || sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in

11 || any manner any information or item that is subject to this Stipulated Protective Order to any

12 || person or entity except in strict compliance with the provisions of this Order.

13 I further agree to submit to the jurisdiction of the United States District Court for the

14 || Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective

15 || Order, even if such enforcement proceedings occur after termination of this action.

16 I hereby appoint [print or type full name] of

17 [print or type full address and telephone

18 || number] as my California agent for service of process in connection with this action or any

19 || proceedings related to enforcement of this Stipulated Protective Order.

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21 Date:

22 City and State where sworn and signed:

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24 Printed name:

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26 Signature:

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WILLIAMS &

Onc aguante 16- STIPULATED PROTECTIVE ORDER

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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