Coronado v. City of Fresno

1 || Mildred K. O’Linn (State Bar No. 159055)

missy.olinn @manningkass. com

2 || Lynn L. Carpenter (State Bar No. 310011)

/ynn. carpenter @ manningkass.com

3 || Maya R. Sorensen (State Bar No. 250722)

maya.sorensen @maningkass.com

MANNING & KASS

ELLROD, RAMIREZ, TRESTER LLP

5/1801 S. Figueroa St, 15 Floor

Los Angeles, California 90017-3012

6 || Telephone: (213) 624-6900

Facsimile: (213) 624-6999

Attorneys for Defendants, CITY OF

8 FRESNO, OFFICER DAVID DECHOW,

OFFICER MARK BISHOP, OFFICER

9||GREGORY NICHOLS, OFFICER

CAYLEE GRAVES, and [FORMER]

10 || POLICE CHIEF ANDY HALL.

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12 UNITED STATES DISTRICT COURT

13 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

15 ||] ANTHONY CORONADO, Case No. 1:22-cv-00677-JLT-BAM

[Hon. Jennifer L. Thurston, District.

16 Plaintiff, Judge; Hon. Barbara A. McAuliffe,

3 Mag. Judge]

17 V.

[DISCOVERY MATTER]

18 || CITY OF FRESNO, POLICE

OFFICER DAVID DECHOW, STIPULATED PROPOSED}

19 || POLICE OFFICER MARK BISHOP, PROTECTIVE ORDER FOR

POLICE OFFICER GREGORY CONFIDENTIAL RECORDS

20 || NICHOLS, POLICE OFFICER

CAYLEE GRAVES, POLICE CHIEF

ANDY HALL, IN HIS INDIVIDUAL

AND OFFICIAL CAPACITY, AND

22 || DOES 1-10, INCLUSIVE,,

Action Filed: 06/06/2022

23 Defendants. FAC Filed: = 09/22/2022

Trial Date: Not Yet Set

24

25 TO THE HONORABLE COURT:

26 By and through their counsel of record in this action, Plaintiff ANTHONY

27 || CORONADO (‘Plaintiff’) and Defendants CITY OF FRESNO, OFFICER DAVID

28 || DECHOW, OFFICER MARK BISHOP, OFFICER GREGORY NICHOLS,

1 OFFICER CAYLEE GRAVES, and [FORMER] POLICE CHIEF ANDY HALL

2 (“Defendants”) – the Parties – hereby stipulate for the purpose of jointly requesting

3 that the Honorable Court enter a protective order regarding confidential documents in

4 this matter and pursuant to Federal Rules of Civil Procedure Rules 5.2, 7, and 26, as

5 well as U.S. District Court, Eastern District of California Local Rules 141, 141.1, 143,

6 230 and/or 251; and any applicable Orders of the Court based upon the following

7 good cause.

8 1. GOOD CAUSE STATEMENT.

9 This action is likely to involve information otherwise generally unavailable to

10 the public, or which may be privileged or otherwise protected from disclosure under

11 state or federal statutes, court rules, case decisions, or common law. Examples of this

12 type of information implicated in this matter, include: official information from law

13 enforcement records, relating to ongoing criminal and administrative investigations;

14 officer personnel file records and associated investigative or confidential records;

15 HIPAA protected medical records, including psychotherapeutic records; and,

16 information implicating privacy rights of third parties. Accordingly, to expedite the

17 flow of information, to facilitate the prompt resolution of disputes over confidentiality

18 of discovery materials, to adequately protect information the parties are entitled to

19 keep confidential, to ensure that the parties are permitted reasonable necessary uses

20 of such material in preparation for and in the conduct of trial, to address their handling

21 at the end of the litigation, and serve the ends of justice, a protective order for such

22 information is justified in this matter. It is the intent of the parties that information

23 will not be designated as confidential for tactical reasons and that nothing be so

24 designated without a good faith belief that it has been maintained in a confidential,

25 non-public manner, and there is good cause why it should not be part of the public

26 record of this case.

27 The parties jointly contend that, absent this Stipulation and its associated

1 impaired or harmed, and that this Stipulated Protective Order may avoid such harm

2 by permitting the parties to facilitate discovery with reduced risk that privileged

3 and/or sensitive/confidential information will become matters of public record. The

4 parties further contend that there is Good Cause for this Protective Order consistent

5 with the terms and provisions of this Stipulation so as to preserve the respective

6 interests of the parties without the need to further burden the Court with such issues.

7 The parties therefore stipulate that there is Good Cause for, and hereby jointly

8 request that the honorable Court issue/enter a Protective Order re confidential

9 documents consistent with the terms and provisions of this Stipulated Protective

10 Order.

11 A. PURPOSES AND LIMITATIONS.

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

13 of confidential, proprietary, or private information for which special protection from

14 public disclosure and from use for any purpose other than prosecuting or defending

15 this litigation would be warranted. Accordingly, the parties hereby stipulate to and

16 petition the court to enter the following Stipulation and associated Order.

17 The parties acknowledge that this Stipulation and associated Order does not

18 confer blanket protections on all disclosures or responses to discovery and that the

19 protection it affords extends only to the specified information or items that are

20 entitled, under the applicable legal principles, to treatment as confidential.

21 The parties further acknowledge, as set forth below, that this Stipulation and

22 Order creates no entitlement to file confidential information under seal, except to the

23 extent specified herein; Eastern District Local Rules 141, 141.1, 143, and 251 set forth

24 the procedures that must be followed and reflect the standards that will be applied

25 when a party seeks permission from the court to file material under seal.

26 Nothing in this Stipulation or associated Order shall be construed so as to

27 require or mandate that any Party disclose or produce privileged information or

1 hereunder.

2 B. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

3 SEAL

4 The parties further acknowledge, as set forth in Section 7.5 (infra), below, that

5 this Stipulated Protective Order does not entitle them to file confidential information

6 under seal; Local Rule 141 sets forth the procedures that must be followed and the

7 standards that will be applied when a party seeks permission from the court to file

8 material under seal. Documents that are the subject of this Stipulation and

9 accompanying Order may be filed under seal only if a sealing order is first obtained

10 in compliance with L.R. 141.

11 There is a strong presumption that the public has a right of access to judicial

12 proceedings and records in civil cases. In connection with non-dispositive motions,

13 good cause must be shown to support a filing under seal. See Kamakana v. City and

14 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

15 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc.,

16 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good

17 cause showing), and a specific showing of good cause or compelling reasons with

18 proper evidentiary support and legal justification, must be made with respect to

19 Protected Material that a party seeks to file under seal. The parties’ mere designation

20 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the

21 submission of competent evidence by declaration, establishing that the material

22 sought to be filed under seal qualifies as confidential, privileged, or otherwise

23 protectable—constitute good cause.

24 Further, if a party requests sealing related to a dispositive motion or trial, then

25 compelling reasons, not only good cause, for the sealing must be shown, and the relief

26 sought shall be narrowly tailored to serve the specific interest to be protected. See

27 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each

1 seal in connection with a dispositive motion or trial, the party seeking protection must

2 articulate compelling reasons, supported by specific facts and legal justification, for

3 the requested sealing order. Again, competent evidence supporting the application to

4 file documents under seal must be provided by declaration.

5 Any document that is not confidential, privileged, or otherwise protectable in

6 its entirety will not be filed under seal if the confidential portions can be redacted. If

7 documents can be redacted, then a redacted version for public viewing, omitting only

8 the confidential, privileged, or otherwise protectable portions of the document, shall

9 be filed. Any application that seeks to file documents under seal in their entirety

10 should include an explanation of why redaction is not feasible.

11 2. STIPULATION FOR PROTECTIVE ORDER RE

12 CONFIDENTIAL RECORDS.

13 A. DEFINITIONS.

14 2.1. Action: this pending federal lawsuit.

15 2.2. Party: any party to this action, including all of its officers, directors,

16 employees, agents, consultants, retained experts, house counsel and outside counsel

17 (and/or the support staff thereof).

18 2.3. Disclosure or Discovery Material: all items or information, regardless

19 of the medium or manner generated, stored or maintained (including, among other

20 things, testimony, transcripts, or tangible things) that are produced – or generated in

21 disclosures or responses to discovery – by any Party in this matter.

22 2.4. “Confidential” Information or Items: information (regardless of how it

23 is generated, stored, or maintained) or tangible items that qualify for protection under

24 standards developed under Federal Rule of Civil Procedure 26(c), applicable federal

25 privileges, and as specified above in the Good Cause Statement. This material

26 includes medical records, psychotherapeutic records, and autopsy photographs; peace

27 officer personnel records as defined by California Penal Code sections 832.8, 832.5,

1 witnesses.

2 2.5. Receiving Party: a Party that receives Disclosure or Discovery Material

3 from a Producing Party, including a Party that has noticed or subpoenaed and is taking

4 a deposition or comparable testimony.

5 2.6. Producing Party: a Party or non-party that produces Disclosure or

6 Discovery Material in this action, including a Party that is defending a deposition

7 noticed or subpoenaed by another Party; additionally, for the limited purpose of

8 designating testimony subject to this Stipulation and Order pursuant to section 6.2(b)

9 (infra), a “Producing Party” shall also be construed to include a Party that is attending

10 and/or participating in a non-party deposition noticed/subpoenaed by another Party.

11 2.7. Designating Party: a Party or non-party that designates information or

12 items that it produces in disclosures or in responses to discovery as

13 “CONFIDENTIAL.”

14 2.8. Protected Material: any Disclosure or Discovery Material that is

15 designated as “CONFIDENTIAL” under the provisions of this Stipulation and

16 Protective Order. (The term “Confidential Document” shall be synonymous with the

17 term “Protected Material” for the purposes of this Stipulation and any associated

18 Protective Order.)

19 2.9. Outside Counsel: attorneys who are not employees of a Party but who

20 are retained to represent or advise a Party in this action (as well as their support staffs).

21 2.10. House Counsel: attorneys who are employees of a Party (as well as their

22 support staffs).

23 2.10. Counsel (without qualifier): Outside Counsel and House Counsel (as

24 well as their support staffs).

25 2.11. Expert: a person with specialized knowledge or experience in a matter

26 pertinent to the litigation who has been retained by a Party or its counsel to serve as

27 an expert witness or as a consultant in this action and who is not a past or a current

1 employee of a Party or a competitor of a Party’s; as well as any person retained,

2 designated, or disclosed by a Party as an expert pursuant to Federal Rule of Civil

3 Procedure 26(a)(2) or other applicable discovery Rules or statutes.

4 2.12. Professional Vendors: persons or entities that provide litigation support

5 services (e.g., photocopying; videotaping; translating; preparing exhibits or

6 demonstrations; and/or organizing, storing, retrieving data in any form or medium;

7 etc.) and their employees and subcontractors.

8 3. SCOPE OF PROTECTION.

9 The protections conferred by this Stipulation and its associated Order cover not

10 only Protected Material/Confidential Documents (as defined above), but also (1) any

11 information copied or extracted from Protected Material; (2) all copies, excerpts,

12 summaries, or compilations of Protected Material; and (3) any testimony,

13 conversations, or presentations by Parties or their Counsel that might reveal Protected

14 Material. However, the protections conferred by this Stipulation and its associated

15 Order do not cover the following information: (a) any information that is in the public

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

17 domain after its disclosure to a Receiving Party as a result of publication not involving

18 a violation of this Order, including becoming part of the public record through trial or

19 otherwise; and (b) any information known to the Receiving Party prior to the

20 disclosure or obtained by the Receiving Party after the disclosure from a source who

21 obtained the information lawfully and under no obligation of confidentiality to the

22 Designating Party.

23 Any use of Protected Material at trial shall be governed by the orders of the

24 trial judge. This Order does not govern the use of Protected Material at trial.

25 4. DURATION OF PROTECTION.

26 FINAL DISPOSITION of the action is defined as the later of (1) dismissal of

27 all claims and defenses in this action, with or without prejudice; and (2) final judgment

1 reviews of this action, including the time limits for filing any motions or applications for

2 extension of time pursuant to applicable law.. Even after final disposition of this

3 litigation, the confidentiality obligations imposed by this Order shall remain in effect

4 until a Designating Party agrees otherwise in writing or a court order otherwise directs.

5 Once a case proceeds to trial, information that was designated as

6 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

7 as an exhibit at trial becomes public and will be presumptively available to all

8 members of the public, including the press, unless compelling reasons supported by

9 specific factual findings to proceed otherwise are made to the trial judge in advance

10 of the trial. See Kamakana, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing

11 “good cause” showing for sealing documents produced in discovery from

12 “compelling reasons” standard when merits-related documents are part of court

13 record). Accordingly, for such materials, the terms of this protective order do not

14 extend beyond the commencement of the trial.

15 5. DESIGNATION OF PROTECTED MATERIAL AND/OR

16 CONFIDENTIAL DOCUMENTS.

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

18 Each Party or non-party that designates information or items for protection

19 under this Stipulation and its associated Order must take care to limit any such

20 designation to specific material that qualifies under the appropriate standards. A

21 Designating Party must take care to designate for protection only those parts of

22 material, documents, items, or oral or written communications that qualify – so that

23 other portions of the material, documents, items or communications for which

24 protection is not warranted are not swept unjustifiably within the ambit of this Order.

25 Mass, indiscriminate, or routine designations are prohibited. Designations that

26 are shown to be clearly unjustified, or that have been made for an improper purpose

27 (e.g., to unnecessarily encumber or retard the case development process, or to impose

1 sanctions.

2 If it comes to a Party’s or a non-party’s attention that information or items that

3 it designated for protection do not qualify for protection at all, or do not qualify for

4 the level of protection initially asserted, that Party or non-party must promptly notify

5 all other parties that it is withdrawing the mistaken designation.

6 5.2. Manner and Timing of Designations. Except as otherwise provided in

7 this Order, or as otherwise stipulated or ordered, material that qualifies for protection

8 under this Order must be clearly so designated before the material is disclosed or

9 produced.

10 Designation in conformity with this Order requires:

11 (a) for information in documentary form (apart from transcripts of

12 depositions or other pretrial or trial proceedings, and regardless of whether produced

13 in hardcopy or electronic form), that the Producing Party affix the legend

14 “CONFIDENTIAL” to each page that contains Protected Material. If only a portion

15 or portions of the material on a page qualifies for protection, the Producing Party also

16 must clearly identify the protected portion(s) (e.g., by making appropriate markings

17 in the margins) and must specify, for each portion that it is “CONFIDENTIAL.” The

18 placement of such “CONFIDENTIAL” stamp on such page(s) shall not obstruct the

19 substance of the page’s (or pages’) text or content.

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

21 inspection need not designate them for protection until after the inspecting Party has

22 indicated which material it would like copied and produced. During the inspection

23 and before the designation, all of the material made available for inspection shall be

24 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents

25 it wants copied and produced, the Producing Party must determine which documents,

26 or portions thereof, qualify for protection under this Order. Then, before producing

27 the specified documents, the Producing Party must affix the “CONFIDENTIAL”

1 the material on a page qualifies for protection, the Producing Party also must clearly

2 identify the protected portion(s) (e.g., by making appropriate markings in the

3 margins).

4 (b) for testimony given in deposition or in other pretrial or trial proceedings,

5 that the Party or non-party offering or sponsoring the testimony identify on the record,

6 before the close of the deposition, hearing, or other proceeding, all protected

7 testimony, and further specify any portions of the testimony that qualify as

8 “CONFIDENTIAL.” When it is impractical to identify separately each portion of

9 testimony that is entitled to protection, and when it appears that substantial portions

10 of the testimony may qualify for protection, the Producing Party may invoke on the

11 record (before the deposition or proceeding is concluded) a right to have up to twenty

12 (20) days to identify the specific portions of the testimony as “CONFIDENTIAL.”

13 Only those portions of the testimony that are appropriately designated as

14 “CONFIDENTIAL” for protection within the 20 days shall be covered by the

15 provisions of this Stipulation and its associated Protective Order.

16 The court reporter must affix to each such transcript page containing

17 Protected Material the legend “CONFIDENTIAL,” as instructed by the Producing

18 Party.

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

20 any other tangible items (including information produced on disc or electronic data

21 storage device), that the Producing Party affix in a prominent place on the exterior of

22 the container or containers in which the information or item is stored the legend

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

24 the Producing Party, to the extent practicable, shall identify the protected portions,

25 specifying the material as “CONFIDENTIAL.”

26 5.3. Inadvertent Failures to Designate. If timely corrected (preferably,

27 though not necessarily, within 30 days of production or disclosure of such material),

1 “CONFIDENTIAL” does not, standing alone, waive the Designating Party’s right to

2 secure protection under this Stipulation and its associated Order for such material.

3 If material is appropriately designated as “CONFIDENTIAL” after the material

4 was initially produced, the Receiving Party, on timely notification of the designation,

5 must make reasonable efforts to assure that the material is treated in accordance with

6 this Stipulation and its associated Order.

7 5.4. Alteration of Confidentiality Stamp Prohibited. A Receiving Party shall

8 not alter, edit, or modify any Protected Material so as to conceal, obscure, or remove

9 a “CONFIDENTIAL” stamp or legend thereon; nor shall a Receiving Party take any

10 other action so as to make it appear that Protected Material is not subject to the terms

11 and provisions of this Stipulation and its associated Order. However, nothing in this

12 section shall be construed so as to prevent a Receiving Party from challenging a

13 confidentiality designation subject to the provisions of section 6, infra.

14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS.

15 6.1. Timing of Challenges. Any Party or Non-Party may challenge a

16 designation of confidentiality at any time that is consistent with the Court’s

17 Scheduling Order in this Action. Unless a prompt challenge to a Designating Party’s

18 confidentiality designation is necessary to avoid foreseeable substantial unfairness,

19 unnecessary economic burdens, or a later significant disruption or delay of the

20 litigation, a Party does not waive its right to challenge a confidentiality designation

21 by electing not to mount a challenge promptly after the original designation is

22 disclosed.

23 6.2. Meet and Confer. Prior to challenging a confidentiality designation, a

24 Challenging Party shall initiate a dispute resolution process under Local Rule 251 by

25 providing written notice of each specific designation it is challenging, and describing

26 the basis (and supporting authority or argument) for each challenge. To avoid

27 ambiguity as to whether a challenge has been made, the written notice must recite that

1 paragraph of the associated Protective Order. The parties shall attempt to resolve each

2 challenge in good faith and must begin the process by conferring directly (in voice to

3 voice dialogue, either in person, telephonically, or by other comparable means, but

4 not by correspondence) within 14 days of the date of service of notice.

5 In conferring, the Challenging Party must explain the specific basis for its belief

6 that the confidentiality designation was not proper and must give the Designating

7 Party an opportunity to review the designated material, to reconsider the

8 circumstances, and, if no change in designation is offered, to explain the basis for the

9 chosen designation. A Challenging Party may proceed to the next stage of the

10 challenge process only if it has engaged in this meet and confer process first or

11 establishes that the Designating Party is unwilling to participate in the meet and confer

12 process in a timely manner.

13 6.3. Judicial Intervention. If the Parties cannot resolve a confidentiality

14 challenge without court intervention, the Challenging Party shall file and serve a

15 motion to remove confidentiality (under the applicable rules for filing and service of

16 discovery motions) within 14 days of the parties agreeing that the meet and confer

17 process will not resolve their dispute unless the parties agree in writing to a longer

18 time.

19 The parties must strictly comply with Eastern District Local Rules 230 and 251

20 (including the joint statement re discovery dispute requirement) in any motion

21 associated with this Protective Order.

22 Each such motion must be accompanied by a competent declaration affirming

23 that the movant has complied with the meet and confer requirements imposed in the

24 preceding paragraph. In addition, the Challenging Party may file a motion

25 challenging a confidentiality designation at any time if there is good cause for doing

26 so, including a challenge to the designation of a deposition transcript or any portions

27 thereof. Any motion brought pursuant to this provision must be accompanied by a

1 confer requirements imposed by the preceding paragraph.

2 6.4 Burden of Persuasion: The burden of persuasion in any such challenge

3 proceeding shall be on the Designating Party, regardless of whether the Designating

4 Party is the moving party or whether such Party sought or opposes judicial

5 intervention. Frivolous challenges, and those made for an improper purpose (e.g., to

6 harass or impose unnecessary expenses and burdens on other parties) may expose the

7 Challenging Party to sanctions. Unless the Designating Party has withdrawn a

8 confidentiality designation or waived the confidentiality designation by failing to

9 oppose a motion to remove confidentiality as described above, all parties shall

10 continue to afford the material in question the level of protection to which it is entitled

11 under the Producing Party’s designation until the court rules on the challenge.

12 6.5. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a

13 Designating Party may remove Protected Material/Confidential Documents from

14 some or all of the protections and provisions of this Stipulation and its associated

15 Order at any time by any of the following methods:

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

17 “CONFIDENTIAL” designation made to any specified Protected Material/

18 Confidential Documents from some or all of the protections of this Stipulation and its

19 associated Order by an express withdrawal in a writing signed by such Party (or such

20 Party’s Counsel, but not including staff of such Counsel) that specifies and itemizes

21 the Disclosure or Discovery Material previously designated as Protected

22 Material/Confidential Documents that shall no longer be subject to all or some of the

23 provisions of this Stipulation and Order. Such express withdrawal shall be effective

24 when transmitted or served upon the Receiving Party. If a Designating Party is

25 withdrawing Protected Material from only some of the provisions/ protections of this

26 Stipulation and Order, such Party must state which specific provisions are no longer

27 to be enforced as to the specified material for which confidentiality protection

1 withdrawal of such material from all of the protections/provisions of this Stipulation

2 and Order;

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

4 a “CONFIDENTIAL” designation made to any specified Protected

5 Material/Confidential Documents from all of the provisions/protections of this

6 Stipulation and its associated Order by verbally consenting in court proceedings on

7 the record to such withdrawal – provided that such withdrawal specifies the

8 Disclosure or Discovery Material previously designated as Protected Material/

9 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

11 Material from only some of the protections/provisions of this Stipulation and Order

12 by this method;

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

14 Designating Party shall be construed to have withdrawn a “CONFIDENTIAL”

15 designation made to any specified Protected Material/Confidential Documents from

16 all of the provisions/protections of this Stipulation and Order by either (1) making

17 such Protected Material/Confidential Records part of the public record – including

18 attaching such as exhibits to any filing with the court without moving, prior to such

19 filing, for the court to seal such records; or (2) failing to timely oppose a Challenging

20 Party’s motion to remove a “CONFIDENTIAL” designation to specified Protected

21 Material/Confidential Documents. Nothing in this Stipulation and Order shall be

22 construed so as to require any Party to file Protected Material/Confidential Documents

23 under seal, unless expressly specified herein.

24 7. ACCESS TO AND USE OF PROTECTED MATERIAL.

25 7.1. Basic Principles. A Receiving Party may use Protected Material that is

26 disclosed or produced by another Party or by a non-party in connection with this case

27 only for preparing, prosecuting, defending, or attempting to settle this litigation – up

1 purpose, including any other litigation or dispute outside the scope of this action.

2 Such Protected Material may be disclosed only to the categories of persons and under

3 the conditions described in this Stipulation and its associated Order. When the Action

4 has been terminated, a Receiving Party must comply with the provisions of section

5 11, below (FINAL DISPOSITION).

6 Protected Material must be stored and maintained by a Receiving Party at a

7 location and in a secure manner that ensures that access is limited to the persons

8 authorized under this Stipulation and its Order.

9 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless

10 otherwise ordered by the Court or permitted in writing by the Designating Party, a

11 Receiving Party may disclose any information or item designated CONFIDENTIAL

12 only to:

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

14 as employees of such Counsel to whom it is reasonably necessary to disclose the

15 information for this litigation;

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

17 Receiving Party to whom disclosure is reasonably necessary for this litigation – each

18 of whom, by accepting receipt of such Protected Material, thereby agree to be bound

19 by this Stipulation and Order;

20 (c) Experts (as defined in this Stipulation and Order) of the Receiving Party

21 to whom disclosure is reasonably necessary for this litigation – each of whom, by

22 accepting receipt of such Protected Material, thereby agree to be bound by this

23 Stipulation and Order;

24 (d) the Court and its personnel;

25 (e) court reporters, their staffs, and Professional Vendors to whom

26 disclosure is reasonably necessary for this litigation – each of whom, by accepting

27 receipt of such Protected Material, thereby agree to be bound by this Stipulation and

1 (f) during their depositions, witnesses, and attorneys for witnesses, in the

2 action to whom disclosure is reasonably necessary – each of whom, by accepting

3 receipt of such Protected Material, thereby agree to be bound by this Stipulation and

4 Order. Pages of transcribed deposition testimony or exhibits to depositions that reveal

5 Protected Material must be separately bound by the court reporter and may not be

6 disclosed to anyone except as permitted under this Stipulation and its Protective

7 Order;

8 (g) the author or custodian of a document containing the information that

9 constitutes Protected Material, or other person who otherwise possessed or knew the

10 information; and,

11 (h) any mediator or settlement officer, and their supporting personnel,

12 mutually agreed upon by any of the parties engaged in settlement discussions.

13 7.3. Notice of Confidentiality. All witnesses, including experts, who receive

14 a copy of this Stipulation and Order shall sign and return the

15 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND (Exhibit A). Prior

16 to producing or disclosing Protected Material/Confidential Documents to persons to

17 whom this Stipulation and its Order permits disclosure or production (see section 8.2,

18 supra), a Receiving Party shall provide a copy of this Stipulation and Order to such

19 persons so as to put such persons on notice as to the restrictions imposed upon them

20 herein: except that, for court reporters, Professional Vendors, and for witnesses being

21 provided with Protected Material during a deposition, it shall be sufficient notice for

22 Counsel for the Receiving Party to give the witness a verbal admonition (on the

23 record, for witnesses) regarding the provisions of this Stipulation and its Order and

24 such provisions’ applicability to specified Protected Material at issue. The witness

25 shall verbally acknowledge his or her understanding and agreement to be bound by

26 this Stipulation and Order.

27 7.4. Reservation of Rights. Nothing in this Stipulation and Order shall be

1 as “CONFIDENTIAL.” Nothing in this Stipulation and Order shall be construed so

2 as to prevent the admission of Protected Material into evidence at the trial of this

3 action, or in any appellate proceedings for this action, solely on the basis that such

4 Disclosure or Discovery Material has been designated as Protected Material/

5 Confidential Documents. Notwithstanding the foregoing, nothing in this Stipulation

6 and Order shall be construed as a waiver of any privileges or of any rights to object

7 to the use or admission into evidence of any Protected Material in any proceeding;

8 nor shall anything herein be construed as a concession that any privileges asserted or

9 objections made are valid or applicable. Nothing in this Stipulation and Order shall

10 be construed so as to prevent the Designating Party (or its Counsel or custodian of

11 records) from having access to and using Protected Material designated by that Party

12 in the manner in which such persons or entities would typically use such materials in

13 the normal course of their duties or profession – except that the waiver of

14 confidentiality provisions shall apply (see section 6.5(c), supra).

15 7.5. Filing Confidential Documents Under Seal. This Stipulated Protective

16 Order does not entitle the parties to file confidential information under seal.

17 Confidential Documents may be submitted in all law and motion proceedings before

18 the Court if done so under seal pursuant to Federal Rules of Civil Procedure 5.2 and

19 26 and/or United States District Court, Eastern District of California Local Rules 141,

20 141.1, 143, and 251 (as applicable) and pursuant to the provisions of this Stipulation

21 and any associated Order. If any Receiving Party attaches any Confidential

22 Documents to any pleading, motion, or other paper to be filed, lodged, or otherwise

23 submitted to the Court, such Confidential Document(s) shall be filed/lodged under

24 seal pursuant to Federal Rules of Civil Procedure 5.2 and 26 and/or United States

25 District Court, Eastern District of California Local Rules 141, 141.1, 143, and 251 to

26 the extent applicable. Protected Material may only be filed under seal pursuant to a

27 court order authorizing the sealing of the specific Protected Material at issue.

1 Designating Party or counsel from submitting, filing, lodging, or publishing any

2 document it has previously designated as a Confidential Document without

3 compliance with this paragraph’s requirement to do so under seal (i.e., a producing-

4 disclosing party or counsel may submit or publish its own Confidential Documents

5 without being in violation of the terms of this Stipulation and its Protective Order).

6 Furthermore, a Receiving Party shall be exempted from the requirements of

7 this paragraph as to any specifically identified Confidential Document(s) where –

8 prior to the submission or publication of the Confidential Document(s) at issue – the

9 Designating Party of such specifically identified Confidential Document(s) has

10 waived/withdrawn the protections of this Stipulation and its Order (pursuant to

11 paragraph 6.4, supra).

12 A Receiving Party shall also be exempt from the sealing requirements of this

13 paragraph (¶ 7.5) where the Confidential Documents/Protected Material at issue is/are

14 not documents, records, or information regarding or incorporating:

15 (1) private, personal information contained in peace officer personnel files

16 (such as social security numbers, driver’s license numbers or comparable personal

17 government identification numbers, residential addresses, compensation or pension

18 or personal property information, credit card numbers or credit information, dates of

19 birth, tax records and information, information related to the identity of an officer’s

20 family members or co-residents, and comparable personal information about the

21 officer or his family);

22 (2) any internal affairs or comparable investigation by any law enforcement

23 agency into alleged officer misconduct; and/or

24 (3) the medical records or records of psychiatric or psychological treatment

25 of any peace officer or party to this action; and/or

26 (4) the personal identifying information of third party witnesses.

27 If a Party’s request to file Protected Material under seal is denied by the Court,

1 otherwise instructed by the Court.

2 Nothing in this paragraph shall be construed to bind the Court or its authorized

3 staff so as to limit or prevent the publication of any Confidential Documents to the

4 jury or factfinder, at the time of trial of this matter, where the Court has deemed such

5 Confidential Documents to be admissible into evidence.

6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

7 PRODUCED IN OTHER LITIGATION.

8 If a Party is served with a subpoena or a court order issued in other litigation

9 that compels disclosure of any information or items designated in this action as

10 “CONFIDENTIAL,” that Party must:

11 (a) promptly notify in writing the Designating Party, preferably (though not

12 necessarily) by facsimile or electronic mail. Such notification shall include a copy of

13 the subpoena or court order at issue;

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

15 issue in the other litigation that some or all of the material covered by the subpoena

16 or order is subject to this Stipulation and its Protective Order. Such notification shall

17 include a copy of this Stipulation and its Protective Order; and

18 (c) cooperate with respect to all reasonable procedures sought to be pursued

19 by all sides in any such situation, while adhering to the terms of this Stipulation and

20 its Order.

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

22 the subpoena or court order shall not produce any information designated in this action

23 as “CONFIDENTIAL” before a determination by the court from which the subpoena

24 or order issued, unless the Party has obtained the Designating Party’s permission. The

25 Designating Party shall bear the burden and expense of seeking protection in that court

26 of its confidential material – and nothing in these provisions should be construed as

27 authorizing or encouraging a Receiving Party in this action to disobey a lawful

1 9. UNAUTHORIZED DISCLOSURE OF PROTECTED

2 MATERIAL.

3 9.1. Unauthorized Disclosure of Protected Material.

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

5 Protected Material to any person or in any circumstance not authorized under this

6 Stipulation and Order, the Receiving Party must immediately:

7 (a) notify in writing the Designating Party of the unauthorized disclosures;

8 (b) use its best efforts to retrieve all copies of the Protected Material;

9 (c) inform the person or persons to whom unauthorized disclosures were made

10 of all the terms of this Order; and

11 (d) request such person or persons consent to be bound by the Stipulation and

12 Order.

13 9.2. Inadvertent Production of Privileged or Otherwise Protected Material.

14 When a Producing Party gives notice to Receiving Parties that certain

15 inadvertently produced material is subject to a claim of privilege or other protection,

16 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

17 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

18 may be established in an e-discovery order that provides for production without prior

19 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

20 parties reach an agreement on the effect of disclosure of a communication or

21 information covered by the attorney-client privilege or work product protection, the

22 parties may incorporate their agreement in the stipulated protective order submitted

23 to the court.

24 10. PUBLICATION OF PROTECTED MATERIAL PROHIBITED.

25 10.1. Filing of Protected Material.

26 Without advance written permission from the Designating Party, or a court

27 order secured after appropriate notice to all interested persons, a Receiving Party may

1 to file under seal any Protected Material must comply with the applicable Federal and

2 Local Rules.

3 10.2. Public Dissemination of Protected Material.

4 A Receiving Party shall not publish, release, post, or disseminate Protected

5 Material to any persons except those specifically delineated and authorized by this

6 Stipulation and its Order (see section 7, supra); nor shall a Receiving Party publish,

7 release, leak, post, or disseminate Protected Material/Confidential Documents to any

8 news media, member of the press, website, or public forum (except as permitted under

9 section 12.1 regarding filings with the court in this action and under seal).

10 11. FINAL DISPOSITION.

11 Unless otherwise ordered or agreed in writing by the Producing Party, within

12 sixty (60) days after the final termination of this action (defined as the dismissal or

13 entry of judgment by the above named court, or if an appeal is filed, the disposition

14 of the appeal), upon written request by the Producing Party, each Receiving Party

15 must return all Protected Material to the Producing Party – whether retained by the

16 Receiving Party or its Counsel, Experts, Professional Vendors, agents, or any non-

17 party to whom the Receiving Party produced or shared such records or information.

18 As used in this subdivision, “all Protected Material” includes all copies,

19 abstracts, compilations, summaries or any other form of reproducing or capturing any

20 of the Protected Material, regardless of the medium (hardcopy, electronic, or

21 otherwise) in which such Protected Material is stored or retained.

22 In the alternative, at the discretion of the Receiving Party, the Receiving Party

23 may destroy the Protected Material instead of returning it – unless such Protected

24 Material is an original, in which case, the Receiving Party must obtain the Producing

25 Party’s written consent before destroying such original Protected Material.

26 Whether the Protected Material is returned or destroyed, the Receiving Party

27 must submit a written certification to the Producing Party (and, if not the same person

1 written request by the Designating Party that specifically identifies (by category,

2 where appropriate) all the Protected Material that was returned or destroyed and that

3 affirms that the Receiving Party has not retained any copies, abstracts, compilations,

4 summaries or other forms of reproducing or capturing any of the Protected material

5 (in any medium, including any hardcopy, electronic or digital copy, or otherwise).

6 Notwithstanding this provision, Counsel are entitled to retain an archival copy

7 of all pleadings, motion papers, transcripts, legal memoranda filed with the court in

8 this action, as well as any correspondence or attorney work product prepared by

9 Counsel for the Receiving Party, even if such materials contain Protected Material;

10 however, any such archival copies that contain or constitute Protected Material remain

11 subject to this Protective Order as set forth in Section 4 (DURATION), above. This

12 court shall retain jurisdiction in the event that a Designating Party elects to seek court

13 sanctions for violation of this Stipulation and its Order.

14 12. MISCELLANEOUS.

15 12.1. Right to Further Relief. Nothing in this Stipulation and its Order

16 abridges the right of any person to seek its modification by the Court in the future.

17 12.2. Right to Assert Other Objections. By stipulating to the entry of a

18 Protective Order pursuant to this Stipulation, no Party waives any right it otherwise

19 would have to object to disclosing or producing any information or item on any

20 ground not addressed in this Stipulation and its Order. Similarly, no Party waives any

21 right to object on any ground to use in evidence any of the material covered by this

22 Stipulation and its Protective Order.

23 12.3. This Stipulation may be signed in counterpart and a facsimile or

24 electronic signature shall be as valid as an original signature.

25 ///

26 ///

27 ///

1 IT IS SO STIPULATED.

2

DATED: March 6, 2023 MANNING & KASS

3 ELLROD, RAMIREZ, TRESTER LLP

4

5 By: /s/ Maya R. Sorensen

Mildred K. O’Linn, Esq.

6

Lynn L. Carpenter, Esq

7 Maya R. Sorensen, Esq.

Attorneys for Defendants CITY OF

8

FRESNO, POLICE OFFICERS DAVID

9 DECHOW, MARK BISHOP, GREGORY

NICHOLS, CAYLEE GRAVES, AND

10

[FORMER] POLICE CHIEF ANDY

11 HALL, IN HIS INDIVIDUAL AND

OFFICIAL CAPACITY.

12

13 DATED: March 3, 2023 V. JAMES DESIMONE LAW

14

15

16 By: /s/ (as authorized on March 3, 2023)

V. James DeSimone, Esq.

17

Carmen D. Sabater, Esq.

18 Ann Strimov Durbin, Esq.

Attorney for Plaintiff, ANTHONY

19

CORONADO

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of

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

5 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 Coronado v. City of Fresno, et al.; Case No. 1:22-cv-00677-JLT-

8 BAM. 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

10 expose me to sanctions and punishment in the nature of contempt. I solemnly promise

11 that I will not disclose in any manner any information or item that is subject to this

12 Stipulated Protective Order to any person or entity except in strict compliance with

13 the provisions of this Order.

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

15 for the Eastern District of California for the purpose of enforcing the terms of this

16 Stipulated Protective Order, even if such enforcement proceedings occur after

17 termination of this action.

18 I hereby appoint __________________________ [print or type full name] of

19 _______________________________________ [print or type full address and

20 telephone number] as my California agent for service of process in connection with

21 this action or any proceedings related to enforcement of this Stipulated Protective

22 Order.

23 Date: ______________________________________

24 City and State where sworn and signed: _________________________________

25

26 Printed name: _______________________________

27 Signature: __________________________________

1 ORDER

2 Having considered the foregoing, the stipulated protective order is HEREBY

3 ADOPTED. (Doc. 29.) The parties are reminded that pursuant to the Local Rules

4 of the United States District Court, Eastern District of California, any documents

5 subject to the protective order to be filed under seal must be accompanied by a

6 written request which complies with Local Rule 141 prior to sealing.

7 The parties also shall consider resolving any dispute arising under the

8 stipulated protective order according to the Court’s informal discovery dispute

9 procedure.

10

11 IT IS SO ORDERED.

12 Dated: March 7, 2023 /s/ Barbara A. McAuliffe _

13 UNITED STATES MAGISTRATE JUDGE

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