Salgado v. Quick et al, No. 3:2021cv00600 - Document 9 (S.D. Cal. 2021)
Court Description: ORDER Granting 8 Joint Motion for Entry of Protective Order as Modified by the Court. Signed by Magistrate Judge Nita L. Stormes on 6/16/2021. (tcf)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JANEY SALGADO, Case No.: 21cv600-MMA (NLS) Plaintiff, 12 13 v. 14 JON QUICK; RICHARD MONTES; and DOES 1 through 50, inclusive, 15 18 19 20 21 The Court having read the parties’ Joint Stipulated Motion for Protective Order (ECF No. 8), finding no objection and good cause appearing, IT IS HEREBY ORDERED that this motion is GRANTED. The following Protective Order is entered, as modified by the Court (see paragraphs 10, 12). PROTECTIVE ORDER 22 23 24 25 [ECF No. 8] Defendants. 16 17 ORDER GRANTING JOINT MOTION FOR ENTRY OF PROTECTIVE ORDER AS MODIFIED BY THE COURT 1. In connection with discovery proceedings in this action, the parties may designate documents as “Confidential” and / or “Attorney’s Eyes Only.” 2. Under the terms of this Stipulated Protective Order (hereinafter “Order”), 26 confidential information is information that has not been made public and which concerns 27 or relates to the processes, operations or work of the California Department of 28 Corrections and Rehabilitation and its employees and agents (collectively “CDCR”), the 1 21cv600-MMA (NLS) 1 disclosure of which may have the effect of causing harm or endangering the safety of 2 CDCR staff, inmates, or third persons. 3 3. By designating a document, thing, material, testimony, or other information 4 derived there from as confidential under the terms of this Order, the party making the 5 designation is certifying to the court that there is a good faith basis both in law and in fact 6 for the designation within the meaning of Federal Rule of Civil Procedure 26(g). 7 4. Confidential documents shall be so designated by stamping copies of the 8 document produced to a party with the legend “CONFIDENTIAL.” Stamping the legend 9 “CONFIDENTIAL” on the cover of any multipage document shall designate all pages of 10 11 the document as confidential, unless otherwise indicated by the producing party. 5. Material designated as confidential under this Order, the information 12 contained therein, and any summaries, copies, abstracts, or other documents derived in 13 whole or in part from material designated as confidential (hereinafter “Confidential 14 Material”) shall be used only for the purpose of the prosecution, defense, or settlement of 15 this action and for no other purpose. 16 6. Confidential Material produced pursuant to this Order may be disclosed or 17 made available only to the Court, to counsel for a party (including the paralegal, clerical, 18 and secretarial staff employed by such counsel), and the “qualified persons” designated 19 below: 20 21 22 23 (a) a party, or an employee of CDCR deemed necessary by counsel to aid in the prosecution, defense, or settlement of this action; (b) experts or consultants retained by such counsel to assist in the prosecution, defense, or settlement of this action; 24 (c) court reporters employed in this action; 25 (d) a witness at any deposition or other proceeding in this action; and 26 (e) any other person as to whom the parties in writing agree. 27 28 Prior to receiving any Confidential Material, each “qualified person” shall be provided with a copy of this Order and shall execute a nondisclosure agreement in the 2 21cv600-MMA (NLS) 1 form of Attachment 1, a copy of which shall be provided forthwith to counsel for each 2 party. 3 7. The parties may further designate certain discovery material or testimony of 4 a highly confidential nature as “CONFIDENTIAL - - ATTORNEY’S EYES ONLY” 5 (hereinafter “Attorney’s Eyes Only Material”), in the manner described in paragraphs 4 6 and 5 above. Attorney’s Eyes Only Material, and the information contained therein, shall 7 be disclosed only to the Court, to counsel for the parties (including the paralegal, clerical, 8 and secretarial staff employed by such counsel, and to the qualified persons listed in 9 subparagraphs 6(b) through (e) above), but shall not be disclosed to a party, including 10 Plaintiff, or any other inmate or third person, unless previously agreed or ordered. If 11 disclosure of Attorneys’ Eyes Only Material is made pursuant to this paragraph, all other 12 provisions in this Order with respect to confidentiality shall apply, including but not 13 limited to, signing and serving a non-disclosure agreement in the form of Attachment 1. 14 9. Nothing herein shall impose any restrictions on the use or disclosure by a 15 party of material obtained by such party independent of discovery in this action, whether 16 or not such material is also obtained through discovery in this action, or from disclosing 17 its own Confidential Material as it deems appropriate. 18 10. Nothing shall be filed under seal, and the Court shall not be required to 19 take any action, without separate prior order by the Judge before whom the hearing 20 or proceeding will take place, after application by the affected party with 21 appropriate notice to opposing counsel. The parties shall follow and abide by 22 applicable law, including Civ. L.R. 79.2, ECF Administrative Policies and 23 Procedures, Section II.j, and the chambers’ rules, with respect to filing documents 24 under seal. 25 11. In the event that any Confidential Material is used in any court proceeding in 26 this action, it shall not lose its confidential status through such use, and the party using 27 such shall take all reasonable steps to maintain its confidentiality during such use. 28 12. This Order shall be without prejudice to the right of the parties (1) to bring 3 21cv600-MMA (NLS) 1 before the Court the question of whether a particular document or information is 2 confidential or whether its use should be restricted within 45 days of the date of the event 3 giving rise to the dispute and abiding by the procedures outlined in the Chamber 4 Rules for filing a joint motion for determination of discovery dispute; or (2) to 5 present a motion to the Court under Federal Rule of Civil Procedure 26(c) for a separate 6 protective order as to any particular document or information, including restrictions 7 differing from those as specified herein. This Order shall not be deemed to prejudice the 8 parties in any way in any future application for modification of this Order. 9 10 11 13. The Court may modify the protective order sua sponte in the interest of justice or for public policy reasons. 14. This Order is entered solely for the purpose of facilitating the exchange of 12 documents and information between the parties to this action without involving the Court 13 unnecessarily in the process. Nothing in this Order, or the production of any information 14 or documents under the terms of this Order, or any proceedings under this Order, shall be 15 deemed to have the effect of an admission or waiver by either party or of altering the 16 confidentiality or non-confidentiality of any document or information, or otherwise 17 altering any existing obligation of any party. 18 15. This Order shall survive the final termination of this action, to the extent that 19 the information contained in Confidential Material is not or does not become known to 20 the public, and the Court shall retain jurisdiction to resolve any dispute concerning the 21 use of the information disclosed hereunder. Upon termination of this action, counsel for 22 the parties shall assemble and return to each other all documents, material, and deposition 23 transcripts designated as confidential and all copies of the same, or shall certify the 24 destruction thereof. 25 16. Within 30 days of the conclusion of this case, the Court shall make 26 arrangements to return all Confidential and Attorneys’ Eyes Only Material filed with the 27 Court to the party who filed such material. Any action of the Court to return Confidential 28 Material must be preceded by an ex parte motion for an order authorizing the return of all 4 21cv600-MMA (NLS) 1 Confidential and Attorneys’ Eyes Only Material to the party that produced the 2 information or documents. 3 4 5 6 17. Without separate court order, this Protective Order and the parties’ stipulation does not change, amend, or circumvent any court rule or local rule. IT IS SO ORDERED. Dated: June 16, 2021 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 21cv600-MMA (NLS) 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 3 4 JANEY SALGADO, 5 6 7 v. 3:21-cv-00600-MMA-NLS Plaintiff, ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND JON QUICK, individually, et al., 8 Defendants. 9 10 I, the undersigned, hereby declare that I have read the attached Stipulated 11 Protective Order ("Order") entered in the above-captioned case. I understand the terms of 12 the Order. I also understand that my execution of this Non-Disclosure Agreement, 13 indicating my agreement to be bound by the Order, is a prerequisite to my review of any 14 information or documents designated as "Confidential-Attorneys' Eyes Only" pursuant to 15 the Order. 16 I will comply with and agree to be bound by all of the provisions of the Order. 17 I agree and attest to my understanding that, if I fail to abide by the terms of the Order, I 18 may be subject to sanctions, including contempt of court, for such failure. I agree to be 19 subject to the jurisdiction of the United States District Court, Southern 20 District of California, for the purposes of any proceedings relating to the enforcement of 21 the Order and this Non-Disclosure Agreement. 22 23 Dated: Signature 24 25 Print Name 26 27 28 6 21cv600-MMA (NLS)
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