Thebeau v. Tehachapi Valley Healthcare District et al, No. 1:2013cv00730 - Document 22 (E.D. Cal. 2014)
Court Description: ORDER GRANTING 19 STIPULATED PROTECTIVE ORDER as Modified by the Court, signed by Magistrate Judge Jennifer L. Thurston on 6/2/2014. (Hall, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEBBIE THEBEAU, an individual, Case No. 1:13-cv-00730-LJO-JLT Plaintiff, 12 13 vs. ORDER GRANTING STIPULATED PROTECTIVE ORDER AS MODIFIED BY THE COURT 14 TEHACHAPI VALLEY HEALTHCARE DISTRICT, a governmental entity, ALAN BURGESS, an individual, and DOES 1 through 25, inclusive, (Doc. 19) 15 16 Defendants. 17 18 PROTECTIVE ORDER 19 During the course of discovery, the defendants to this action may produce 20 information, including documents and testimony containing information, which is 21 private, the uncontrolled release of which would cause undue invasion of the producing 22 party’s privacy or third-parties’ privacy. 23 protecting the producing party’s and third-parties’ privacy interests, it is hereby 24 ORDERED: 25 26 In order to facilitate this discovery while I. A. Defendants may produce documentation responsive to requests for 27 production propounded by plaintiff that contains private and/or personal information 28 about a party or third-parties, and that the producing party has a protected privacy interest 1 1 in those materials, or otherwise has an interest in preventing the dissemination of 2 information about third-parties. 3 C. When used in this Protective Order, the word “CONFIDENTIAL” means 4 private and/or personal information about the producing party and/or private and/or 5 personal information about third-parties. 6 D. When used in this Protective Order, the term “CONFIDENTIAL 7 MATERIAL” means all designated written materials in any form, including electronic 8 media, or other written discovery referencing CONFIDNETIAL material, deposition 9 transcripts, and all other designated tangible items which disclose “CONFIDENTIAL” 10 information, whether produced in hard-copy, on CD-ROMs or DVDs, or any other 11 media. 12 F. In order to designate a portion of any document or other printed material as 13 “CONFIDENTIAL,” the producing defendant shall mark the designated pages of the 14 material with the word “CONFIDENTIAL” in a manner that does not obscure, or impair 15 the legibility of any information contained within the material, but makes it difficult to 16 remove the designation. In order to designate a computer database, disc, compact disc, 17 drive, or other electronically recorded material as “CONFIDENTIAL,” the producing 18 party shall mark the disc, case or envelope containing the material with the word 19 “CONFIDENTIAL.” Documents printed from such electronic media shall be marked the 20 same as documents originally produced on paper. 21 G. In the case of a deposition or oral examination, counsel for the producing 22 defendant may, during the deposition, designate on the record that testimony involving 23 “CONFIDENTIAL MATERIAL” be held as “CONFIDENTIAL,” and the entire 24 deposition transcript will be treated as “CONFIDENTIAL” until counsel for the 25 producing defendant receives a transcript of the deposition and designates specific page 26 and line portions of the testimony. In the event the producing defendant’s counsel during 27 the deposition does not designate on the record that testimony involving 28 “CONFIDENTIAL MATERIAL” be held as “CONFIDENTIAL,” the producing defendant does not waive its right to designate the deposition testimony or any parts 2 1 thereof as "CONFIDENTIAL" upon receipt of the deposition transcript. After receipt of 2 the final deposition transcript, the producing defendant shall identify by page and line the 3 portion of the material that the producing defendant intends to designate as 4 “CONFIDENTIAL” in a written letter served to all counsel of record within 30 days after 5 the producing defendant’s receipt of the written deposition transcript from the court 6 reporter. Only the portions of the deposition transcript designated by the producing 7 defendant during this time period shall remain “CONFIDENTIAL.” 8 challenging the “CONFIDENTIAL” designations of the deposition transcripts shall 9 inform the producing defendant of those specific challenges in writing within 20 day of 10 receiving the designations. The producing defendant shall have 20 days from receipt of 11 the written challenges to move for an appropriate order regarding the confidentiality of 12 all or portions of the transcript. 13 videographer for any such depositions, who will be given a copy of this Protective Order, 14 and will execute an acknowledgement thereof, shall not disclose to anyone (other than the 15 COVERED PERSONS as defined in Section I.H below) any deposition testimony or 16 exhibits in this lawsuit. 17 H. Any party The parties stipulate that the court reporter or When used in this Protective Order, the term “COVERED PERSONS” 18 includes only the following: (1) the Court and all Court personnel; (2) the named parties 19 in this litigation; (3) retained counsel for all parties in this litigation, including members 20 of counsel’s legal or support staff (e.g., in-house investigators, secretaries, legal 21 assistants, paralegals and law clerks), to the extent reasonably necessary for such persons 22 to render assistance in this litigation; (4) non-attorney experts retained or consulted by 23 counsel for any party to assist in the preparation, prosecution, or evaluation of this 24 litigation, provided that no disclosure shall be made to any expert or consultant who is 25 employed by a competitor of a party; and (5) witnesses and the jury in this case. 26 II. 27 This Protective Order is to facilitate the exchange of records and information in 28 discovery. It governs disclosures to third persons or disclosure of records for discovery motions and discovery proceedings. Nothing in this Protective Order shall be deemed to 3 1 preclude any parties’ right to oppose discovery on grounds not addressed under the terms 2 of this Protective Order, or to object on any ground to the admission of any 3 CONFIDENTIAL MATERIAL into evidence at trial. 4 5 III. Absent a further order of the Court, those documents marked as 6 "CONFIDENTIAL" or “CONFIDENTIAL MATERIAL,” as described in Sections I.F 7 and I.G, shall not be used for any purpose other than the prosecution or defense of this 8 captioned action, and shall not be shown, disseminated or disclosed in any manner to 9 anyone other than COVERED PERSONS as defined in Section I.H without the prior 10 written agreement of the producing defendant or by order of the Court after due notice to 11 the producing defendant. 12 13 IV. 14 Before showing or divulging any “CONFIDENTIAL MATERIAL” or 15 “CONFIDENTIAL” information to any COVERED PERSON other than the Court and 16 Court personnel, counsel shall first obtain from each such person a signed “WRITTEN 17 ASSURANCE” in the form attached hereto as Exhibit “A.” Counsel shall maintain a list 18 of all such recipients of “CONFIDENTIAL MATERIAL” to whom this paragraph 19 applies and the original of every “WRITTEN ASSURANCE” required pursuant to this 20 paragraph. At the conclusion of the litigation, the parties shall forward to counsel for the 21 producing party each and every signed “WRITTEN ASSURANCE” and a list of all 22 recipients of “CONFIDENTIAL MATERIALS”; however, with regard to consultant(s) 23 not identified as expert(s) in this matter, counsel need only provide a copy of the 24 “WRITTEN ASSURANCE” redacted to remove any reference to the identity of the 25 consultant(s). 26 27 28 V. A. If Before any “CONFIDENTIAL MATERIAL” is filed with this Court, including any pleading incorporating “CONFIDENTIAL MATERIAL,” the moving 4 1 party shall seek an order of the Court, pursuant to Local Rule 141, allowing the portion of 2 such filing containing “CONFIDENTIAL MATERIAL” to shall be filed under seal. 3 B. “CONFIDENTIAL MATERIAL” may be introduced into evidence, if 4 otherwise admissible, provided that it may only be done so during a hearing or trial when 5 counsel for the producing defendant is present, and subject to the producing defendant’s 6 right to seek in-camera treatment of such documents. Further, the Court may take such 7 steps as it deems reasonably necessary to preserve the confidentiality of the documents or 8 information. 9 C. All writings submitted to or filed with the Court in connection with any 10 pre-trial proceeding that contain, set forth, summarize or otherwise disclose 11 “CONFIDENTIAL MATERIAL” shall be under seal in accordance with Section V.A if 12 prior authorization is provided by the Court according to Local Rule 141, and such 13 documents shall not be publicly available, except by further order of this Court. 14 D. If any party or person who has obtained “CONFIDENTIAL MATERIAL” 15 under the terms of this Protective Order receives a Subpoena or other legal process 16 commanding the production of any such “CONFIDENTIAL MATERIAL” (the 17 “Subpoena”), such party or person shall promptly notify counsel for the producing party 18 of the service of the Subpoena. The party or person receiving the Subpoena shall not 19 produce any “CONFIDENTIAL MATERIAL” in response to the Subpoena without 20 either the prior written consent of counsel for the producing party, or an order of a court 21 of competent jurisdiction. 22 23 VII. A. Within 90 days after the final disposition of this lawsuit, by settlement, trial 24 or appeal, counsel for the parties shall deliver to counsel for the producing party all 25 CONFIDENTIAL MATERIAL including any copies (except those determined by the 26 Court or agreed by the parties not to be CONFIDENTIAL) which have been 27 disseminated to any COVERED PERSONS. Deposition transcripts need not be returned 28 if all CONFIDENTIAL portions have been destroyed or obliterated. 5 1 B. It is the responsibility of any party receiving “CONFIDENTIAL 2 MATERIAL” to obtain all copies of that material provided by that party to “Covered 3 Persons,” as defined in Paragraph I.H above, and to return that “CONFIDENTIAL 4 MATERIAL” to the producing party. 5 6 VIII. A. In the event counsel for any party, in good faith, disputes the designation of 7 any document as “CONFIDENTIAL,” he or she shall notify counsel for the producing 8 party in writing. 9 determination that the document is or is not protected pursuant to this Protective Order. 10 Until a final determination by the Court, any disputed document will be treated as 11 CONFIDENTIAL MATERIAL pursuant to this Protective Order. 12 Protective Order shall be construed to alter or shift the burdens of production and 13 persuasion (“the burden of proof”) as they apply to the assertion of privileges or 14 exemptions from public disclosure or any claim or affirmative defense in this matter. 15 B. The producing party shall seasonably apply to the Court for a Nothing in this Counsel for the parties agree that any material produced from the personnel 16 file of any individual defendant is “CONFIDENTIAL” and shall not challenge such 17 designation. 18 19 IX. A. This Protective Order shall not preclude the parties from exercising any 20 rights or raising any objections otherwise available to them under the rules of discovery 21 and evidence. Nothing contained in this Protective Order shall in any manner change, 22 alter or modify any of the rights of the producing party or any other party under any other 23 orders issued by any other courts concerning the protection of CONFIDENTIAL 24 MATERIALS and CONFIDENTIAL information. Nothing in this Protective Order shall 25 limit the rights of parties to apply for further protective orders or for modification of the 26 terms of this Protective Order. 27 28 B. This Protective Order may not be waived, modified, abandoned or terminated, in whole or in part, except by an instrument in writing signed by the parties, 6 1 or by Order of the issuing Court. If any provision of this Protective Order shall be held 2 invalid for any reason whatsoever, the remaining provisions shall not be affected thereby. 3 C. This Protective Order shall be binding upon the parties hereto, their 4 attorneys, and upon the parties’ and their attorneys’ successors, executors, personal 5 representatives, administrators, heirs, legal representatives, assigns, subsidiaries, 6 divisions, employees, agents, independent contractors, or other persons or organizations 7 over which they have control. 8 9 10 X. At the conclusion of this lawsuit, the Court shall retain jurisdiction of this lawsuit for the enforcement of this Protective Order. 11 12 13 ORDER The stipulation of the parties for this stipulation (Doc. 19) —as modified by the Court in paragraphs V.A. and V.C.— is GRANTED. 14 15 16 IT IS SO ORDERED. Dated: June 2, 2014 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 EXHIBIT “A” LIMITED SPECIAL APPEARANCE AND AGREEMENT FOR ACCESS TO CONFIDENTIAL MATERIAL I hereby acknowledge and affirm that I have read the terms and conditions of the Protective Order dated _____________ and agreed to by the parties (“Protective Order”) in the action titled THEBEAU v. TEHACHAPI VALLEY HEALTHCARE DISTRICT, ET AL.; United States District Court, Eastern District of California, No. 1:13-CV-00730-LJO-JLT. I understand the terms of the Protective Order and under oath consent to be bound by such terms as a condition to being provided access to the CONFIDENTIAL MATERIALS furnished by the parties in this action. Further, by executing this Agreement, I hereby consent to the jurisdiction of the above-captioned Court or any Court of competent jurisdiction for the special and limited purpose of enforcing the terms of the Protective Order. I recognize that all civil remedies for breach of this Agreement are specifically reserved by the producing parties in this action and are not waived by the disclosure provided for herein. Further, in the event of the breach of this Agreement, I recognize that the producing parties may pursue all civil remedies available to them as third-party beneficiaries of this Agreement. 17 DATED:________________________________ 18 19 20 _______________________________________ Name 21 22 23 24 25 26 _______________________________________ Firm _______________________________________ Address _______________________________________ Telephone Number 27 28 8
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