indicating that the 16 official information privilege should protect, e.g., names of confidential informants in on-going criminal 17 investigations
How later courts described this case
- indicating that the 16 official information privilege should protect, e.g., names of confidential informants in on-going criminal 17 investigations
- indicating that the official information privilege should protect, e.g., 3 names of confidential informants in on-going criminal investigations
Written by the judges who cited it.
The opinion
||PORTER SCOTT
2 A PROFESSIONAL CORPORATION
John R. Whitefleet, SBN 213301
3 2180 Harvard Street, Suite 500
Sacramento, California 95815
4 TEL: 916.929.1481
FAX: 916.927.3706
5
Attorneys for Defendants COUNTY OF SACRAMENTO, SACRAMENTO COUNTY
6 || SHERIFF’S DEPARTMENT, and DARRYL RODERICK
7 UNITED STATES DISTRICT COURT
8 EASTERN DISTRICT OF CALIFORNIA
9
MARIA DOE, a fictitious name; CLARA CASE NO. 2:21-cv-01438-MCE-CKD
10 || DOE, a fictitious name, and “I.D.” a
fictitious name, by and through her next STIPULATION TO MODIFY
friend, MARIA DOE, PROTECTIVE ORDER
12
Plaintiffs, Hon. Carolyn K. Delaney
13
14
15 || COUNTY OF SACRAMENTO;
SACRAMENTO COUNTY SHERIFF’S
16 |) OFFICE; DARRYL RODERICK;
17 JAGDEEP SINGH; individually and as
administrator of the estate of Sushma Giri;
18 || V & N ASSOCIATES, LLC and ALIDA
ESTRADA,
19
20 Defendants.
21 Plaintiffs and Defendants County of Sacramento, Sacramento County Sheriffs Office, and
22 Darryl Roderick and Defendants Estate of Sushma Giri and Jageep Singh, jointly submit the
23 following stipulation to modify the Protective Order (ECF No. 38) entered in this action.
24 Disclosure and discovery activity in this action has revealed such may involve production of
2 confidential, proprietary, or private information for which special protection from public disclosure and
26 from use for any purpose other than prosecuting this litigation may be warranted, including but not
27 limited to: third party dates of birth, contact information, and confidential investigative materials related
28 to third party criminal reports that may involve domestic violence and other sensitive crimes or would
Oo STIPULATION TO MODIFY ORDER
1 other implicate the official information privilege including ongoing crimes. See Kelly v. City of San
2 Jose, 114 F.R.D. 653, 661 (1987) (indicating that the official information privilege should protect, e.g.,
3 names of confidential informants in on-going criminal investigations).
4 Accordingly, the parties seek to modify the Protective Order (ECF No. 38) entered into this
5 case as follows:
6 Addendum to Protective Order
7 1. Designating Party: a Party may designate information or items that it produces in disclosures or
8 in responses to discovery as “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.”
9 2. “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” Information or Items is defined
10 as: extremely sensitive “Confidential Documents,” disclosure of which to another Party would create a
11 substantial risk of serious harm that could not be avoided by less restrictive means, including but not
12 limited to third party dates of birth, names contact information, and confidential investigative materials
13 related to third party criminal reports that may involve domestic violence and other sensitive crimes or
14 would other implicate the official information privilege due to ongoing criminal investigations or
15 prosecutions therefrom. See Kelly v. City of San Jose, 114 F.R.D. 653, 661 (1987) (indicating that the
16 official information privilege should protect, e.g., names of confidential informants in on-going criminal
17 investigations).
18 3. The definition of “Confidential Documents” at Paragraph A2 shall include those designed as
19 “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.”
20 4. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or
21 Items. Unless otherwise ordered by the court or permitted in writing by a Designating Party, a Receiving
22 Party may disclose any information or item designated “HIGHLY CONFIDENTIAL—ATTORNEYS’
23 EYES ONLY” only to:
24 (a) the Receiving Party’s Counsel of Record in this action, as well as employees of said Counsel of
25 Record to whom it is reasonably necessary to disclose the information for this litigation and who have
26 signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
27 ///
28 ///
1 || ITIS SO STIPULATED.
2
3 Respectfully submitted,
4 || Dated: September 25, 2023 PORTER SCOTT
5 A PROFESSIONAL CORPORATION
6 By /s/John R. Whitefleet
John R. Whitefleet
7 Attorneys for Defendants County of Sacramento,
8 Sacramento County Sheriff's Office, and Darryl
Roderick
9
Dated: September 25, 2023 CALIFORNIA RURAL LEGAL ASSISTANCE
10 FOUNDATION
1]
12 /s/Ezra Kautz (auth’d on 9/20/23)
Ezra Kautz
13 Attorneys for Plaintiffs
14
Dated: September 25, 2023 BREMER WHYTE BROWN & O’MEARA LLP
15
16 /s/Julie Young (auth’d on 9/18/23)
17 Attorneys for Defendants Jagdeep Singh the
Estate of Sushma Giri
18
19 ORDER
20
Pursuant to the above stipulation, and good cause appearing it is so ORDERED.
21 =
. 7 1 ty j ' f
Dated: September 25, 2023 (ard AU. ia ( a —
23 CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
24
25
26
27
28 doe21cev1438.stip.mod
Oo STIPULATION TO MODIFY ORDER
1
EXHIBIT A
2
Doe et al v County of Sacramento et al,
3 USDC EDCA Case No. 21-cv-01438
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
4
5 I, ___________________________ [print or type full name], of ____________________ [print or
6 type full address], declare under penalty of perjury that I have read in its entirety and understand the
7 Stipulated Protective Order and Addendum thereto that was issued by the United States District Court
8 for the Eastern District of California, ECF No. 38 and ECF No. ______ in the case in the above
9 matter.
10 I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I
11 understand and acknowledge that failure to so comply could expose me to sanctions and punishment in
12 the nature of contempt. I solemnly promise that I will not disclose in any manner any information or
13 item that is subject to this Stipulated Protective Order and Addendum thereto to any person or entity
14 except in strict compliance with the provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District Court for the Eastern District
16 of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such
17 enforcement proceedings occur after termination of this action.
18 I hereby appoint __________________________ [print or type full name] of
19 _______________________________________ [print or type full address and telephone number] as
20 my California agent for service of process in connection with this action or any proceedings related to
21 enforcement of this Stipulated Protective Order.
22 Date: ____________________________
23 City and State where sworn and signed: ____________________________
24 Printed name: ____________________________
25 Signature: _______________________________
26
27
28