Olivier v. City and County of San Francisco et al, No. 4:2008cv04338 - Document 23 (N.D. Cal. 2009)
Court Description: ORDER granting re 22 Stipulated Protective Order filed by Derrick R. Jackson, City and County of San Francisco, Parker. Signed by Judge Claudia Wilken on 5/29/09. (scc, COURT STAFF) (Filed on 5/29/2009)
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Olivier v. City and County of San Francisco et al 1 2 3 4 5 6 Doc. 23 DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy ROBERT A. BONTA, State Bar #202668 Deputy City Attorney Fox Plaza 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: (415) 554-4268 Facsimile: (415) 554-3837 E-Mail: robert.bonta@sfgov.org 7 8 9 10 Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO POLICE OFFICER DERRICK JACKSON, SAN FRANCISCO POLICE OFFICER BARRY PARKER 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 BRENT OLIVIER, 15 16 17 Plaintiff, 20 21 Defendants. 19 STIPULATED PROTECTIVE ORDER vs. CITY AND COUNTY OF SAN FRANCISCO, a municipal entity, SAN FRANCISCO POLICE DEPARTMENT, POLICE OFFICER DERRICK R. JACKSON, POLICE OFFICER PARKER, and DOES 1-100, jointly and severally, 18 Case No. 08-CV-04338-CW Trial Date: Action Filed: July 19, 2010 September 16, 2008 22 23 24 25 26 27 28 STIPULATION RE PROTECTIVE ORDER USDC CASE NO. 08-cv-04338-CW (OAK) 1 n:\lit\li2008\090072\00556567.doc Dockets.Justia.com 1 Pursuant to Federal Rule of Civil Procedure 26(c) the parties have met and conferred and 2 agree that the discovery of CONFIDENTIAL INFORMATION in this matter be made pursuant to the 3 terms of this PROTECTIVE ORDER. 4 5 6 GOOD CAUSE APPEARING, the parties stipulate, though their attorneys of record, to the entry of an order as follows: 1. CONFIDENTIAL INFORMATION, within the meaning of this PROTECTIVE 7 ORDER, shall include all documents containing peace officer personnel records, official information 8 and any other such documents that defendants in good faith have determined to be confidential. 9 Defendants shall attempt to stamp "Confidential" on all such documents prior to production. In the 10 event that any CONFIDENTIAL INFORMATION is inadvertently not stamped as "Confidential" by 11 defendants, the party who notices this oversight shall nonetheless treat such documents as 12 CONFIDENTIAL INFORMATION. Such party shall also immediately make the labeling oversight 13 known to the other parties and the documents shall immediately be stamped as "Confidential" and 14 treated as such, as per this order. 15 2. The CONFIDENTIAL INFORMATION shall not be exhibited, displayed or otherwise 16 disclosed by Plaintiff’s Counsel (or authorized persons described in Section 7) to other persons 17 except as specifically provided herein. 18 3. All documents, including, but not limited to, audiotapes, videotapes, photographs, 19 transcripts, etc., related to the criminal investigation incidental to the event forming the basis of this 20 lawsuit shall be also be deemed CONFIDENTIAL INFORMATION, within the meaning of this 21 stipulation. 22 4. Plaintiff may challenge defendants’ designation of a particular document as 23 CONFIDENTIAL INFORMATION by filing an appropriate motion, under seal, with the Court. The 24 parties agree that the prevailing party in a motion to remove the confidential designation shall waive 25 any entitlement to monetary sanctions, including attorney’s fees. 26 27 5. Unless disclosure is ordered by the Court, attorneys for defendants shall have the sole authority to determine that documents subject to the PROTECTIVE ORDER are no longer 28 STIPULATION RE PROTECTIVE ORDER USDC CASE NO. 08-cv-04338-CW (OAK) 2 n:\lit\li2008\090072\00556567.doc 1 considered CONFIDENTIAL INFORMATION and will advise counsel for plaintiff in writing if this 2 determination is made. 3 6. Any CONFIDENTIAL INFORMATION that is disclosed or produced by any party or 4 non party in connection with this case may be used only for prosecuting, defending, or attempting to 5 settle this litigation. CONFIDENTIAL INFORMATION may be disclosed only to the categories of 6 persons and under the conditions described in this Order. When the litigation has been terminated, all 7 parties or non parties that have received CONFIDENTIAL INFORMATION must comply with the 8 provisions of Section 13, below. 9 All parties or non parties that have received CONFIDENTIAL INFORMATION must store 10 and maintain it in a secure manner that ensures that access is limited to the persons authorized under 11 this Order. 12 7. Plaintiff’s Counsel may exhibit, discuss, and/or disclose CONFIDENTIAL 13 INFORMATION only to the following categories of person and no other unless authorized by order 14 of the Court: 15 a. Plaintiff’s Counsel; 16 b. Experts, investigators or consultants retained by Plaintiff’s Counsel to assist in the 17 evaluation, preparation, or trial of this case; however, before any expert, investigator, or consultant is 18 permitted to review the CONFIDENTIAL INFORMATION, such individual must agree to comply 19 with the terms of this PROTECTIVE ORDER by executing the document attached as Exhibit A. 20 Plaintiff’s counsel shall file and serve that document upon its execution; however, Plaintiff’s counsel 21 shall not be required to file any Agreement to Comply any earlier than the date that Expert 22 Disclosures are required to be made. Experts, investigators, and consultants shall not have any power 23 to authorize further disclosure of CONFIDENTIAL INFORMATION to any other person. 24 8. Counsel for Plaintiff may not provide originals or copies of the CONFIDENTIAL 25 INFORMATION to plaintiff absent the written agreement of counsel for the City or a court order, 26 subject to the following: 27 28 a. For purposes of evaluating the settlement value or potential jury verdict, counsel for Plaintiff may discuss the general nature of the CONFIDENTIAL INFORMATION with plaintiff STIPULATION RE PROTECTIVE ORDER USDC CASE NO. 08-cv-04338-CW (OAK) 3 n:\lit\li2008\090072\00556567.doc 1 without disclosing any identifying details about a specific incident or any documents. Plaintiff's 2 counsel may also review with a plaintiff any statement or interview given by that plaintiff. 3 9. Unless otherwise stipulated to by defendants, any use of CONFIDENTIAL 4 INFORMATION or comment on the substance of any CONFIDENTIAL INFORMATION in any 5 papers or pleadings filed with the Court, shall be filed under seal pursuant to the Court’s rules and 6 procedures (see Northern District of California Civil Local Rule 79-5). The sealed envelopes shall 7 be endorsed with the caption of this litigation, and an indication of the nature of the contents of the 8 envelopes and a statement substantially in the following form: 9 "This envelope contains documents that are filed in this case pursuant to a Protective Order 10 and are not to be opened nor the contents thereof to be displayed or revealed except by further order 11 of the Court or written consent of the City and County of San Francisco." 12 10. In the event any person desires to exhibit documents or disclose CONFIDENTIAL 13 INFORMATION covered under this stipulation during trial or pretrial proceedings, such person shall 14 meet and confer with counsel for defendants to reach an agreement, in accordance with the Court’s 15 rules and procedures, on an appropriate method for disclosure, and if defendants do not agree to such 16 disclosure, such CONFIDENTIAL INFORMATION shall not be disclosed unless authorized by 17 order of the Court. Unless otherwise agreed, transcripts and exhibits that incorporate or reference 18 CONFIDENTIAL INFORMATION covered under this stipulation shall be treated as 19 CONFIDENTIAL INFORMATION that is subject to the provisions of this PROTECTIVE ORDER. 20 The Court Reporter shall mark as “Confidential” any deposition or hearing transcript that contains 21 any CONFIDENTIAL INFORMATION or any reference to CONFIDENTIAL INFORMATION. 22 11. If a party who has received CONFIDENTIAL INFORMATION learns that, by 23 inadvertence or otherwise, it has disclosed CONFIDENTIAL INFORMATION to any person or in 24 any circumstance not authorized under this PROTECTIVE ORDER, the party must immediately (a) 25 notify the San Francisco City Attorney’s Office in writing of the unauthorized disclosures, (b) use its 26 best efforts to retrieve all copies of the CONFIDENTIAL INFORMATION, (c) inform the person or 27 persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request 28 such person or persons to execute the document that is attached hereto as Exhibit A. STIPULATION RE PROTECTIVE ORDER USDC CASE NO. 08-cv-04338-CW (OAK) 4 n:\lit\li2008\090072\00556567.doc 1 12. Any inadvertent disclosure made in violation of this PROTECTIVE ORDER does not 2 constitute a waiver of the terms of this PROTECTIVE ORDER, except by written agreement of the 3 parties, or further order of this Court. 4 13. All documents covered by this PROTECTIVE ORDER and copies thereof (including 5 those in the possession of experts, consultants, investigators, etc.) will be returned to the San 6 Francisco City Attorney's Office at the termination of this litigation, through final judgment, appeal, 7 or by whatever means resolved. On final disposition of this case, plaintiff’s counsel, and all other 8 persons subject to this Order (including experts, consultants, and investigators), shall within 30 days 9 after the final disposition of this case, without request or further order of this Court, return all 10 CONFIDENTIAL INFORMATION to the Deputy City Attorney of record in this matter. The 11 provisions of this PROTECTIVE ORDER shall, without further order of the Court, continue to be 12 binding after the conclusion of the action, and this Court will have jurisdiction to enforce the terms of 13 this PROTECTIVE ORDER. 14 14. Should plaintiff fail to comply with this PROTECTIVE ORDER, plaintiff and 15 plaintiff's counsel shall be liable for all costs associated with enforcing this agreement, including but 16 not limited to all attorney fees in amounts to be determined by the Court. Plaintiff and plaintiff's 17 counsel may also be subject to additional sanctions or remedial measures, such as contempt, 18 evidentiary or terminating sanctions. 19 IT IS SO STIPULATED. 20 21 22 23 24 25 26 27 28 STIPULATION RE PROTECTIVE ORDER USDC CASE NO. 08-cv-04338-CW (OAK) 5 n:\lit\li2008\090072\00556567.doc 1 2 Dated: May 26, 2009 3 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy ROBERT A. BONTA Deputy City Attorney 4 5 6 /s/ 7 By: 8 ROBERT A. BONTA 9 Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO POLICE OFFICER DERRICK JACKSON, SAN FRANCISCO POLICE OFFICER BARRY PARKER 10 11 12 13 Dated: May 26, 2009 14 By: 15 DAVID M. HELBRAUN Attorneys for Plaintiff 16 17 ORDER 18 Pursuant to this stipulation, IT IS SO ORDERED 23 en dia Wilk NO 24 lau Judge C RT 25 27 A H ER 26 R NIA 22 _________________________________ DERED HON. CLAUDIA WILKEN R O O S IT IS UNITED STATES DISTRICT JUDGE FO May 29, 2009 Dated: ______________ UNIT ED 21 RT U O S 20 ISTRIC ES D TC T A T LI 19 N F D IS T IC T O R C 28 STIPULATION RE PROTECTIVE ORDER USDC CASE NO. 08-cv-04338-CW (OAK) 6 n:\lit\li2008\090072\00556567.doc EXHIBIT A 1 2 AGREEMENT TO COMPLY WITH STIPULATED PROTECTIVE 3 ORDER FOR CONFIDENTIAL INFORMATION I, 4 5 6 7 , have read and understand the Court’s Protective Order for CONFIDENTIAL INFORMATION. I agree to abide by all terms of the Order. In addition, I specifically understand and agree to the following: 1. I will not disclose the CONFIDENTIAL INFORMATION to any other person. 2. I understand that I have no power to authorize any other person to review the 8 9 10 CONFIDENTIAL INFORMATION. 11 3. I agree not to make copies of the CONFIDENTIAL INFORMATION. 12 4. I agree to return the CONFIDENTIAL INFORMATION to the counsel for the party that 13 produced it, at or before the conclusion of this litigation. 14 5. I understand that if I violate any of the terms of the Protective Order, then Plaintiff, Plaintiff's 15 Counsel, and I may be subject to sanctions or possible contempt. 16 17 18 AGREED: 19 DATE 20 SIGNATURE 21 22 PRINT NAME 23 24 25 26 27 28 STIPULATION RE PROTECTIVE ORDER USDC CASE NO. 08-cv-04338-CW (OAK) 7 n:\lit\li2008\090072\00556567.doc
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