(PC) Caruso v. Johnson et al, No. 1:2015cv00780 - Document 131 (E.D. Cal. 2019)

Court Description: ORDER GRANTING 130 Stipulated Protective Order, signed by Magistrate Judge Erica P. Grosjean on 03/5/19. (Martin-Gill, S)

Download PDF

1 2 3 4 5 Jenny C. Huang, SBN 223596 JUSTICE FIRST 180 Grand Avenue, Suite 1300 Oakland, CA 94612 Tel.: (510) 628-0695 Fax: (510) 318-7701 E-mail: jhuang@justicefirst.net 6 7 8 9 10 11 12 13 14 15 Attorneys for Plaintiff Gina Caruso Xavier Becerra, SBN 118517 Attorney General of California Derrek J. Lee, SGN 297497 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Tel.: (916) 210-7364 Fax: (916) 324-5205 Email: Derrek.Lee@doj.ca.gov 16 Attorneys for Defendants Lopez, Ingram, Martinez and Solorio 17 UNITED STATES DISTRICT COURT 18 EASTERN DISTRICT OF CALIFORNIA 19 20 21 GINA CARUSO Plaintiff, 22 23 24 25 26 vs. OFFICER G. SOLORIO, et al., Defendants. ) ) Case No.: 1:15-cv-00780 (AWI)(EPG) ) ) ) STIPULATED PROTECTIVE ) ORDER ) ) ) ) ) ) ) ) 27 28 STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 1 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve 3 production of confidential, proprietary, or private information for which special 4 protection from public disclosure and from use for any purpose other than 5 prosecuting this litigation may be warranted. The types of information that the 6 parties seek to protect under this protective order include, but is not limited to, (1) 7 highly classified information regarding practices and procedures of the 8 Investigative Services Unit (“ISU”) that is not otherwise publicly available, (2) 9 records of prior/closed investigations in addition to active investigations by the 10 ISU, (3) confidential inmate records, (4) medical records, (5) the identity of 11 confidential informants who provided information that precipitated the ISU’s 12 search of Ms. Caruso on July 22, 2013, and (6) personal identifying and financial 13 information. A protective order is necessary for the following particularized 14 reasons: (1) to protect classified information contained in ISU documents, (2) to 15 protect the identity of confidential informants, (3) to protect Ms. Caruso’s privacy 16 with regard to portions of her medical records that are not relevant to her injuries, 17 (4) to protect Ms. Caruso’s privacy with regard to portions of her inmate records 18 that are not relevant to the incident at issue, and (5) to protect the safety and 19 security interests of the California Department of Corrections and Rehabilitation. 20 Accordingly, the parties hereby stipulate to and petition the court to enter the 21 following Stipulated Proposed Protective Order. The parties acknowledge that this 22 Order does not confer blanket protections on all disclosures or responses to 23 discovery and that the protection it affords from public disclosure and use extends 24 only to the limited information or items that are entitled to confidential treatment 25 under the applicable legal principles. The parties further acknowledge that this 26 Stipulated Proposed Protective Order does not entitle them to file confidential 27 information under seal and that the local rules set forth the procedures that must be 28 followed and the standards that will be applied when a party seeks permission from STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 2 1 the court to file material under seal. 2 2. 3 4 5 DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless of 6 how it is generated, stored or maintained) or tangible things that qualify for 7 protection under Federal Rule of Civil Procedure 26(c). 8 9 10 2.3 Counsel: Counsel of Record for the parties and the support staff for such counsel. 2.4 Designating Party: a Party or Non-Party that designates information or 11 items that it produces in disclosures or in responses to discovery as 12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 13 ONLY”. 14 2.5 Disclosure or Discovery Material: all items or information, regardless 15 of the medium or manner in which it is generated, stored, or maintained (including, 16 among other things, testimony, transcripts, and tangible things), that are produced 17 or generated in disclosures or responses to discovery in this matter. 18 2.6 Expert: a person with specialized knowledge or experience in a matter 19 pertinent to the litigation who (1) has been retained by a Party or its counsel to 20 serve as an expert witness or as a consultant in this action, (2) is not a past or 21 current employee of a Party or of a Party’s competitor, and (3) at the time of 22 retention, is not anticipated to become an employee of a Party or of a Party’s 23 competitor. 24 2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 25 Information or Items: extremely sensitive “Confidential Information or Items,” 26 disclosure of which to another Party or Non-Party would create a substantial risk of 27 serious harm that could not be avoided by less restrictive means. 28 2.8 Non-Party: any natural person, partnership, corporation, association, STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 3 1 or other legal entity not named as a Party to this action. 2 2.9 Party: any party to this action, including all of its officers, directors, 3 employees, consultants, retained experts, and Counsel of Record (and their support 4 staffs). 5 6 2.10 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 7 2.11 Professional Vendors: persons or entities that provide litigation 8 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 9 demonstrations, and organizing, storing, or retrieving data in any form or medium) 10 and their employees and subcontractors. 11 2.12 Protected Material: any Disclosure or Discovery Material included in 12 the categories identified above that is designated as “CONFIDENTIAL,” or as 13 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 14 2.13 Receiving Party: a Party that receives Disclosure or Discovery 15 Material from a Producing Party. 16 3. SCOPE 17 The protections conferred by this Stipulation and Order cover not only 18 Protected Material (as defined above), but also (1) any information copied or 19 extracted from Protected Material; (2) all copies, excerpts, summaries, or 20 compilations of Protected Material; and (3) any testimony, conversations, or 21 presentations by Parties or their Counsel that might reveal Protected Material. 22 However, the protections conferred by this Stipulation and Order do not cover the 23 following information: (a) any information that is in the public domain at the time 24 of disclosure to a Receiving Party or becomes part of the public domain after its 25 disclosure to a Receiving Party as a result of publication not involving a violation 26 of this Order, including becoming part of the public record through trial or 27 otherwise; and (b) any information known to the Receiving Party prior to the 28 disclosure or obtained by the Receiving Party after the disclosure from a source STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 4 1 who obtained the information lawfully and under no obligation of confidentiality to 2 the Designating Party. Protected material includes documents identified as 3 “Confidential” or “Highly Confidential” prior to the date of executing this 4 protective order. Any use of Protected Material at trial shall be governed by a 5 separate agreement or order. 6 4. 7 DURATION Even after final disposition of this litigation, the confidentiality obligations 8 imposed by this Order shall remain in effect until a Designating Party agrees 9 otherwise in writing or a court order otherwise directs. Final disposition shall be 10 deemed to be the later of (1) dismissal of all claims and defenses in this action, 11 with or without prejudice; and (2) final judgment herein after the completion and 12 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 13 including the time limits for filing any motions or applications for extension of 14 time pursuant to applicable law. 15 5. 16 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 17 Each Party or Non-Party that designates information or items for protection under 18 this Order must take care to limit any such designation to specific material that 19 qualifies under the appropriate standards. To the extent it is practical to do so, the 20 Designating Party must designate for protection only those parts of material, 21 documents, items, or oral or written communications that qualify – so that other 22 portions of the material, documents, items, or communications for which 23 protection is not warranted are not swept unjustifiably within the ambit of this 24 Order. 25 Mass, indiscriminate, or routinized designations are prohibited. Designations 26 that are shown to be clearly unjustified or that have been made for an improper 27 purpose (e.g., to unnecessarily encumber or retard the case development process or 28 to impose unnecessary expenses and burdens on other parties) expose the STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 5 1 2 Designating Party to sanctions. If it comes to a Designating Party’s attention that information or items that it 3 designated for protection do not qualify for protection at all or do not qualify for 4 the level of protection initially asserted, that Designating Party must promptly 5 notify all other parties that it is withdrawing the mistaken designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in 7 this Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material 8 that qualifies for protection under this Order must be clearly so designated before 9 the material is disclosed or produced. 10 Designation in conformity with this Order requires: 11 (a) for information in documentary form (e.g., paper or electronic 12 documents, but excluding transcripts of depositions or other pretrial or trial 13 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or 14 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that 15 contains protected material. If only a portion or portions of the material on a page 16 qualifies for protection, the Producing Party also must clearly identify the 17 protected portion(s) (e.g., by making appropriate markings in the margins) and 18 must specify, for each portion, the level of protection being asserted. 19 A Party or Non-Party that makes original documents or materials available 20 for inspection need not designate them for protection until after the inspecting 21 Party has indicated which material it would like copied and produced. During the 22 inspection and before the designation, all of the material made available for 23 inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 24 ONLY.” After the inspecting Party has identified the documents it wants copied 25 and produced, the Producing Party must determine which documents, or portions 26 thereof, qualify for protection under this Order. Then, before producing the 27 specified documents, the Producing Party must affix the appropriate legend 28 (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 6 1 ONLY”) to each page that contains Protected Material. If only a portion or 2 portions of the material on a page qualifies for protection, the Producing Party also 3 must clearly identify the protected portion(s) (e.g., by making appropriate 4 markings in the margins) and must specify, for each portion, the level of protection 5 being asserted. 6 (b) for testimony given in deposition or in other pretrial or trial proceedings, 7 that the Designating Party identify on the record, before the close of the deposition, 8 hearing, or other proceeding, all protected testimony and specify the level of 9 protection being asserted. When it is impractical to identify separately each portion 10 of testimony that is entitled to protection and it appears that substantial portions of 11 the testimony may qualify for protection, the Designating Party may invoke on the 12 record (before the deposition, hearing, or other proceeding is concluded) a right to 13 have up to 21 days to identify the specific portions of the testimony as to which 14 protection is sought and to specify the level of protection being asserted. Only 15 those portions of the testimony that are appropriately designated for protection 16 within the 21 days shall be covered by the provisions of this Stipulated Proposed 17 Protective Order. Alternatively, a Designating Party may specify, at the deposition 18 or up to 21 days afterwards if that period is properly invoked, that the entire 19 transcript shall be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 20 – ATTORNEYS’ EYES ONLY.” 21 (c) for information produced in some form other than documentary and for 22 any other tangible items, that the Producing Party affix in a prominent place on the 23 exterior of the container or containers in which the information or item is stored 24 the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 25 EYES ONLY”. If only a portion or portions of the information or item warrant 26 protection, the Producing Party, to the extent practicable, shall identify the 27 protected portion(s) and specify the level of protection being asserted. 28 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 7 1 failure to designate qualified information or items does not, standing alone, waive 2 the Designating Party’s right to secure protection under this Order for such 3 material. Upon timely correction of a designation, the Receiving Party must make 4 reasonable efforts to assure that the material is treated in accordance with the 5 provisions of this Order. 6 6. 7 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 8 designation of confidentiality at any time, including designations as 9 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 10 ONLY”. Unless a prompt challenge to a Designating Party’s confidentiality 11 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary 12 economic burdens, or a significant disruption or delay of the litigation, a Party does 13 not waive its right to challenge a confidentiality designation by electing not to 14 mount a challenge promptly after the original designation is disclosed. 15 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 16 resolution process by providing written notice of each designation it is challenging 17 and describing the basis for each challenge. To avoid ambiguity as to whether a 18 challenge has been made, the written notice must recite that the challenge to 19 confidentiality is being made in accordance with this specific paragraph of the 20 Protective Order. The parties shall attempt to resolve each challenge in good faith 21 and must begin the process by conferring directly (in voice to voice dialogue; other 22 forms of communication are not sufficient) within 14 days of the date of service of 23 notice. In conferring, the Challenging Party must explain the basis for its belief that 24 the confidentiality designation was not proper and must give the Designating Party 25 an opportunity to review the designated material, to reconsider the circumstances, 26 and, if no change in designation is offered, to explain the basis for the chosen 27 designation. A Challenging Party may proceed to the next stage of the challenge 28 process only if it has engaged in this meet and confer process first or establishes STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 8 1 that the Designating Party is unwilling to participate in the meet and confer process 2 in a timely manner. 3 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without 4 court intervention, the Designating Party shall file and serve a motion to retain 5 confidentiality within 21 days of the initial notice of challenge or within 14 days of 6 the parties agreeing that the meet and confer process will not resolve their dispute, 7 whichever is earlier. Each such motion must be accompanied by a competent 8 declaration affirming that the movant has complied with the meet and confer 9 requirements imposed in the preceding paragraph. Failure by the Designating Party 10 to make such a motion including the required declaration within 21 days (or 14 11 days, if applicable) shall automatically waive the confidentiality designation for 12 each challenged designation. In addition, the Challenging Party may file a motion 13 challenging a confidentiality designation at any time if there is good cause for 14 doing so, including a challenge to the designation of a deposition transcript or any 15 portions thereof. Any motion brought pursuant to this provision must be 16 accompanied by a competent declaration affirming that the movant has complied 17 with the meet and confer requirements imposed by the preceding paragraph. 18 The burden of persuasion in any such challenge proceeding shall be on the 19 Designating Party. Frivolous challenges and those made for an improper purpose 20 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 21 expose the Challenging Party to sanctions. Unless the Designating Party has 22 waived the confidentiality designation by failing to file a motion to retain 23 confidentiality as described above, all parties shall continue to afford the material 24 in question the level of protection to which it is entitled under the Producing 25 Party’s designation until the court rules on the challenge. 26 7. 27 28 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 9 1 case only for prosecuting, defending, or attempting to settle this litigation. Such 2 Protected Material may be disclosed only to the categories of persons and under 3 the conditions described in this Order. When the litigation has been terminated, a 4 Receiving Party must comply with the provisions of section 13 below (FINAL 5 DISPOSITION). 6 Protected Material must be stored and maintained by a Receiving Party at a 7 location and in a secure manner that ensures that access is limited to the persons 8 authorized under this Order. 9 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 10 otherwise ordered by the court or permitted in writing by the Designating Party, a 11 Receiving Party may disclose any information or item designated 12 “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Counsel of Record in this action, as well as 14 employees of said Counsel of Record to whom it is reasonably necessary to 15 disclose the information for this litigation and who have signed the 16 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 17 A; 18 (b) the officers, directors, and employees of the Receiving Party to whom 19 disclosure is reasonably necessary for this litigation and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (c) Experts (as defined in this Order) of the Receiving Party to whom 22 disclosure is reasonably necessary for this litigation and who have signed the 23 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (d) the court and its personnel; 25 (e) court reporters and their staff, professional jury or trial consultants, and 26 Professional Vendors to whom disclosure is reasonably necessary for this litigation 27 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 28 A); STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 10 1 (f) during their depositions, witnesses in the action to whom disclosure is 2 reasonably necessary and who have signed the “Acknowledgment and Agreement 3 to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or 4 ordered by the court. Pages of transcribed deposition testimony or exhibits to 5 depositions that reveal Protected Material must be separately bound by the court 6 reporter and may not be disclosed to anyone except as permitted under this 7 Stipulated Proposed Protective Order. 8 9 10 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 11 ONLY” Information or Items. Unless otherwise ordered by the court or permitted 12 in writing by the Designating Party, a Receiving Party may disclose any 13 information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ 14 EYES ONLY” only to: 15 (a) the Receiving Party’s Counsel of Record in this action, as well as 16 employees of said Counsel of Record to whom it is reasonably necessary to disclose 17 the information for this litigation and who have signed the “Acknowledgment and 18 Agreement to Be Bound” that is attached hereto as Exhibit A; 19 (b) Experts of the Receiving Party (1) to whom disclosure is reasonably 20 necessary for this litigation, and (2) who have signed the “Acknowledgment and 21 Agreement to Be Bound” (Exhibit A); 22 (c) the court and its personnel; 23 (d) court reporters and their staff, professional jury or trial consultants, and 24 Professional Vendors to whom disclosure is reasonably necessary for this litigation 25 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 26 A); and 27 28 (e) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 11 (f) Plaintiffs’ counsel shall be permitted to show any statements made by a 1 2 plaintiff with that plaintiff, regardless of whether such statements are designated 3 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. 4 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 5 PRODUCED IN OTHER LITIGATION 6 If a Party is served with a subpoena or a court order issued in other litigation 7 that compels disclosure of any information or items designated in this action as 8 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 9 ONLY”: 10 11 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 12 (b) promptly notify in writing the party who caused the subpoena or order to 13 issue in the other litigation that some or all of the material covered by the subpoena 14 or order is subject to this Protective Order. Such notification shall include a copy 15 of this Stipulated Proposed Protective Order; and 16 17 18 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served 19 with the subpoena or court order shall not produce any information designated in 20 this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 21 ATTORNEYS’ EYES ONLY” before a determination by the court from which the 22 subpoena or order issued, unless the Party has obtained the Designating Party’s 23 permission. The Designating Party shall bear the burden and expense of seeking 24 protection in that court of its confidential material – and nothing in these 25 provisions should be construed as authorizing or encouraging a Receiving Party in 26 this action to disobey a lawful directive from another court. 27 28 STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 12 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a 4 Non-Party in this action and designated as “CONFIDENTIAL” or “HIGHLY 5 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. Such information produced 6 by Non-Parties in connection with this litigation is protected by the remedies and 7 relief provided by this Order. Nothing in these provisions should be construed as 8 prohibiting a Non-Party from seeking additional protections. 9 (b) In the event that a Party is required, by a valid discovery request, to 10 produce a Non-Party’s confidential information in its possession, and the Party is 11 subject to an agreement with the Non-Party not to produce the Non-Party’s 12 confidential information, then the Party shall: 13 1. promptly notify in writing the Requesting Party and the Non- 14 Party that some or all of the information requested is subject to a confidentiality 15 agreement with a Non-Party; 16 2. promptly provide the Non-Party with a copy of the Stipulated 17 Proposed Protective Order in this litigation, the relevant discovery request(s), and a 18 reasonably specific description of the information requested; and 19 20 21 3. make the information requested available for inspection by the Non-Party. (c) If the Non-Party fails to object or seek a protective order from this 22 court within 14 days of receiving the notice and accompanying information, the 23 Receiving Party may produce the Non-Party’s confidential information responsive 24 to the discovery request. If the Non-Party timely seeks a protective order, the 25 Receiving Party shall not produce any information in its possession or control that 26 is subject to the confidentiality agreement with the Non-Party before a 27 determination by the court. Absent a court order to the contrary, the Non-Party 28 shall bear the burden and expense of seeking protection in this court of its STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 13 1 Protected Material. 2 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 3 If a Receiving Party learns that, by inadvertence or otherwise, it has 4 disclosed Protected Material to any person or in any circumstance not authorized 5 under this Stipulated Proposed Protective Order, the Receiving Party must 6 immediately (a) notify in writing the Designating Party of the unauthorized 7 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 8 Protected Material, (c) inform the person or persons to whom unauthorized 9 disclosures were made of all the terms of this Order, and (d) request such person or 10 persons to execute the “Acknowledgment and Agreement to Be Bound” that is 11 attached hereto as Exhibit A. 12 11. 13 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain inadvertently 15 produced material is subject to a claim of privilege or other protection, the 16 obligations of the Receiving Parties are those set forth in Federal Rule of Civil 17 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 18 procedure may be established in an e-discovery order that provides for production 19 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 20 (e), insofar as the parties reach an agreement on the effect of disclosure of a 21 communication or information covered by the attorney-client privilege or work 22 product protection, the parties may incorporate their agreement in the stipulated 23 proposed protective order submitted to the court. 24 12. 25 26 27 28 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order no Party waives any right it otherwise would have to object to STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 14 1 disclosing or producing any information or item on any ground not addressed in 2 this Stipulated Proposed Protective Order. Similarly, no Party waives any right to 3 object on any ground to use in evidence of any of the material covered by this 4 Protective Order. 5 12.3 Filing Protected Material. Without written permission from the 6 Designating Party or a court order secured after appropriate notice to all interested 7 persons, a Party may not file in the public record in this action any Protected 8 Material. A Party that seeks to file under seal any Protected Material must comply 9 with the local rules. Protected Material may only be filed under seal pursuant to a 10 court order authorizing the sealing of the specific Protected Material at issue. A 11 sealing order will issue only upon a request establishing that the Protected Material 12 at issue is privileged, protectable as a trade secret, or otherwise entitled to 13 protection under the law. If a Receiving Party's request to file Protected Material 14 under seal is denied by the court, then the Receiving Party may file the Protected 15 Material in the public record unless otherwise instructed by the court. This order 16 does not apply to Protected Material that is used at trial. Any decisions regarding 17 sealing and use at trial will be made by the trial judge. 18 13. FINAL DISPOSITION 19 Within 60 days after the final disposition of this action, as defined in 20 paragraph 4, each Receiving Party must return all Protected Material to the 21 Producing Party or destroy such material. As used in this subdivision, “all 22 Protected Material” includes all copies, abstracts, compilations, summaries, and 23 any other format reproducing or capturing any of the Protected Material. 24 Notwithstanding this provision, Counsel are entitled to retain an archival copy of 25 all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 26 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 27 work product, and consultant and expert work product, even if such materials 28 contain Protected Material. Any such archival copies that contain or constitute STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 15 1 Protected Material remain subject to this Protective Order as set forth in Section 4 2 (DURATION). 3 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Date: March 4, 2019 5 JUSTICE FIRST _______/s/ Jenny Huang______________ By: Jenny C. Huang Attorney for Plaintiff Gina Caruso 6 7 8 9 Date: March 4, 2019 10 11 _______/s/ Derrek Lee______________ Deputy Attorney General Derrek J. Lee Attorney for Defendants Lopez, Ingram, Martinez and Solorio 12 13 ORDER 14 15 16 In accordance with the parties’ stipulation, the stipulated protective order, as modified in sections 2.12 and 12.3, is GRANTED. 17 18 IT IS SO ORDERED. 19 20 Dated: March 5, 2019 /s/ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, _____________________________ [print or type full name], of_____________ _________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the Eastern District of California on ________________ (date) in the case of CARUSO V. SOLORIO, CASE NO. 1:15-CV00780 (AWI)(EPG) I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for the Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint __________________________ [print or type full name] of ___________________________ [print or type full address and telephone number] 25 as my California agent for service of process in connection with this action or any 26 proceedings related to enforcement of this Stipulated Protective Order. 27 Date: _________________________________ 28 City and State where sworn and signed: _________________________________ STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 17 1 2 Printed name: ______________________________[printed name] Signature: __________________________________[signature] 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER CARUSO V. SOLORIO,, ET AL., CASE NO. 1:15-CV-00780 (AWI)(EPG) PAGE 18

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.