Denman v. City of Tracy et al
Filing
24
ORDER signed by Magistrate Judge John F. Moulds on 11/7/2011 ADOPTING 22 Stipulation and Proposed Protective Order. (Michel, G)
<![CDATA[
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10
BRYAN DENMAN
Case No. 11-CV-00310 GEB JFM
11
12
13
14
STIPULATION AND PROTECTIVE ORDER
Plaintiff,
v.
CITY OF TRACY, JANET THIESSEN, and
DOES 1 to 20, inclusive,
15
16
Defendants.
17
18
1.
The parties to the above-entitled action, by and through their counsel of record, hereby
19
stipulate to entry of the attached protective order as to materials to be produced in discovery herein by
20
defendant CITY OF TRACY and/or any of its police officers.
21
22
The materials included in the above-mentioned protective order are as follows:
a.
Any document which comprises an officer’s personnel file and which is produced
23
in discovery in the within matter from police personnel files maintained by the
24
defendant CITY OF TRACY, including any Internal Affairs investigations and all
25
other matters in an officer’s personnel file;
26
27
b.
The names, addresses and telephone numbers of any civilian witnesses disclosed
by defendants in discovery;
28
1
STIPULATION AND PROTECTIVE ORDER
c.
1
defendants in discovery; and
2
d.
3
4
5
6
Any and all police reports and other investigative materials disclosed by
Other materials that the parties agree in writing are to be covered by this Order.
All "confidential material" shall be designated by stamping or otherwise marking each such
document as follows: "CONFIDENTIAL".
2.
Confidential material shall be used solely in connection with the preparation and litigation
7
of the case in the within action (Case No. 11-CV-00310 GEB JFM) or in any related appellate
8
proceeding, and not for any other purpose, including any other litigation, without the express approval of
9
this court.
10
3.
Confidential material may not be disclosed, except as is provided in paragraph 4, below.
11
4.
Confidential material may be disclosed only to the following persons: (a) parties and
12
counsel for any party to this litigation; (b) paralegal, stenographic, clerical, and secretarial personnel
13
regularly employed by counsel for the parties in this litigation; (c) court personnel, including
14
stenographic reporters engaged in such proceedings as are necessarily incidental to preparation for trial in
15
this action; (d) any outside expert or consultant retained by any party to the action in connection with the
16
action, and not otherwise employed by either party; and, (e) any "in-house" expert designated by any
17
party to testify at trial in this matter.
18
Nothing in this paragraph (4) is intended to prevent officials or employees of the CITY OF
19
TRACY, or other authorized government officials, from having access to the documents so designated if
20
they would have such access in the normal course of their job duties. Furthermore, nothing herein
21
prevents any witness from disclosing events or activities personal to him or her, that is, a witness may
22
disclose to others, without restriction under this order, information previously given to the CITY OF
23
TRACY with respect to what he or she saw, heard, or otherwise sensed.
24
5.
Each person to whom disclosure is made, with the exception of counsel, who are
25
presumed to know the contents of this protective order, shall be provided by the person furnishing him or
26
her "confidential material," as designated hereunder, with a copy of this order, and shall agree on the
27
record, in writing, that he or she has read this protective order and consents to be subject to the
28
jurisdiction of this court with respect to the enforcement of this order, including without limitation, any
2
STIPULATION AND PROTECTIVE ORDER
1
proceeding for contempt. Unless such agreement is made on the record in this litigation, counsel making
2
the disclosure to any person described above shall retain the original executed copy of said written
3
agreement until final termination of this litigation.
4
6.
At the conclusion of the trial in this matter, and of any appeal, or upon the termination of
5
this action by any other means, all confidential material received under the provisions of this order,
6
including any copies made thereof, shall be tendered back to the appropriate parties or their attorneys.
7
Provisions of this order, insofar as they restrict the disclosure and use of the material, shall remain in full
8
force and effect until further order of this court.
9
7.
The foregoing is without prejudice to the right of any party to this action: (a) to apply to
10
the court for a further protective order relating to any confidential material or relating to discovery in this
11
litigation; (b) to apply to the court for an order removing the confidential material designation from any
12
document; and, (c) to apply to the court for an order compelling production of documents or for
13
modification of this order or for any order permitting disclosure of confidential material beyond the terms
14
of this order.
15
8.
Any document filed with the court that reveals Confidential Material shall be filed under
16
seal, labeled with a cover sheet as follows: “Denman v. City of Tracy, et al. United State District Court,
17
Eastern District of California Case No. 11-CV-00310 GEB JFM. This document is subject to a protective
18
order issued by the court and may not be copied or examined except in compliance with that order."
19
Documents so labeled shall be kept by the Clerk under seal and shall be made available only to the court
20
or counsel. Upon failure of the filing party to so file a document under seal, the producing party may
21
request that the court place the filing under seal.
22
Counsel for the parties to this action hereby declare that they have read the foregoing, that they
23
approve thereof as to form and content, and that, on behalf of their clients in this action, they stipulate
24
thereto.
25
/////
26
/////
27
/////
28
/////
3
STIPULATION AND PROTECTIVE ORDER
1
2
SO STIPULATED.
Dated: October 12, 2011
BRACAMONTES & VLASAK, P.C.
3
By: /s/ Michael Robert Bracamontes
Michael Robert Bracamontes
Attorneys for Plaintiff
BRYAN DENMAN
4
5
6
7
Dated: October 12, 2011
BERTRAND, FOX & ELLIOT
8
9
By: /s/ Richard W. Osman
Richard W. Osman
Attorneys for Defendant
CITY OF TRACY
10
11
12
ORDER
13
WHEREFORE, pursuant to stipulation of the parties, it is hereby ordered that the Stipulated
14
Protective Order governing the protection of confidential material set forth above becomes the Order of
15
this Court and shall be imposed in this Action.
16
IT IS SO ORDERED.
17
DATED: November 7, 2011,
18
19
20
/014;denm0310.po
21
22
23
24
25
26
27
28
4
STIPULATION AND PROTECTIVE ORDER
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
