Prather v. Rodeo-Hercules Fire Protection District et al, No. 3:2010cv02120 - Document 39 (N.D. Cal. 2010)
Court Description: STIPULATION AND ORDER DENYING REQUEST. Signed by Judge Jeffrey S. White on 09/13/10. (sis, COURT STAFF) (Filed on 9/13/2010) Modified on 9/13/2010 (sis, COURT STAFF).
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Prather v. Rodeo-Hercules Fire Protection District et al Doc. 39 Case3:10-cv-02120-JSW Document37 1 2 3 4 5 Filed09/10/10 Page1 of 7 CARLETON L. BRIGGS, SBN 117361 Law Offices of Carleton L. Briggs 740 Fourth Street, Suite 202 Santa Rosa, CA 95404-4421 Telephone: (707) 523-2251 Facsimile: (707) 523-2253 E-mail: clbriggs@sonic.net Attorneys for Plaintiff WILLIAM A. PRATHER 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 No. C 10-02120 JSW WILLIAM A. PRATHER, 13 vs. STIPULATION AND ORDER TO PROTECT CONFIDENTIAL INFORMATION _______________________________ 14 RODEO-HERCULES FIRE PROTECTION DISTRICT; JOHN MILLS, an individual; WALTER TRUJILLO, an individual; J. R. STAFFORD, an individual; BETH BARTKE, an individual; and WILLIAM D. ROSS, an individual, Date: N.A. Time: N.A. Courtroom: 11 Judge: Hon. Jeffrey S. White Plaintiff, 12 15 16 17 18 19 20 21 22 First Amended Complaint filed: 5/21/10 Trial date: None Defendants. / Subject to the approval of this Court, the parties through their respective counsel hereby stipulate to the following protective order: 1. In connection with discovery proceedings in this action, the parties may 23 designate any document, thing, material, testimony or other information derived 24 therefrom, as “Confidential” under terms of this Stipulated Protective Order (hereinafter 25 “Order”). Confidential information is information which has not been made public and 26 which concerns or relates to the processes, operations, type or work, or apparatus, or to 27 the production, sales, shipments, purchases, transfers, identification of customers, 28 1 STIPULATED PROTECTIVE ORDER Dockets.Justia.com Case3:10-cv-02120-JSW Document37 Filed09/10/10 Page2 of 7 1 inventories, amount or source of any income, profits, losses, or expenditures of any 2 persons, firm, partnership, corporation, or other organization, the disclosure of which 3 information may have the effect of causing harm to the competitive position of the 4 person, firm, partnership, corporation, or to the organization from which the information 5 was obtained. By designating a document, thing, material, testimony or other information 6 derived therefrom as “confidential,” under the terms of this Order, the party making the 7 designation is certifying to the Court that there is a good faith basis both in law and in fact 8 for the designation within the meaning of Federal Rules of Civil Procedure, Rule 26(g). 9 2. Confidential documents shall be so designated by stamping copies of the 10 document produced to a party with the legend “CONFIDENTIAL”. Stamping the legend 11 “CONFIDENTIAL” on the cover of any multipage document shall designate all pages of 12 the document as confidential, unless otherwise indicated by the producing party. 13 3. Testimony taken at a deposition, conference, hearing or trial may be designated 14 as confidential by making a statement to that effect on the record at the deposition or 15 other proceeding. Arrangements shall be made with the court reporter taking and 16 transcribing such proceeding to separately bind such portions of the transcript containing 17 information designated as confidential, and to label such portions appropriately. 18 4. Material designated as confidential under this Order, the information contained 19 therein, and any summaries, copies, abstracts, or other documents derived in whole or in 20 part from material designated as confidential (hereinafter “Confidential Material”) shall 21 be used only for the purpose of the prosecution, defense, or settlement of this action, and 22 for no other purpose. 23 5. Confidential Material produced pursuant to this Order may be disclosed or 24 made available only to the Court, to counsel for a party (including the paralegal, clerical, 25 and secretarial staff employed by such counsel), and to the “qualified persons” designated 26 below: 27 // 28 2 STIPULATED PROTECTIVE ORDER Case3:10-cv-02120-JSW Document37 1 2 (a) a party, or an officer, director, or employee of a party deemed necessary by counsel to aid in the prosecution, defense, or settlement of this action; 3 4 Filed09/10/10 Page3 of 7 (b) experts or consultants (together with their clerical staff) retained by such counsel to assist in the prosecution, defense, or settlement of this action; 5 (c) court reporter(s) employed in this action; 6 (d) a witness at any deposition or other proceeding in this action; and 7 (e) any other person as to whom the parties in writing agree 8 Prior to receiving any Confidential Material, each “qualified person” shall be 9 provided with a copy of this Order and shall execute a nondisclosure agreement in the 10 form of Attachment A, a copy of which shall be provided forthwith to counsel for each 11 other party and for the parties. 12 6. Depositions shall be taken only in the presence of qualified persons. 13 7. The parties may further designate certain discovery material or testimony of a 14 highly confidential and/or proprietary nature as “CONFIDENTIAL--ATTORNEY’S 15 EYES ONLY” (hereinafter “Attorney’s Eyes Only Material”), in the manner described in 16 paragraphs 2 and 3 above. Attorney’s Eyes Only Material, and the information contained 17 therein, shall be disclosed only to the Court, to counsel for the parties (including the 18 paralegal, clerical, and secretarial staff employed by such counsel), and to the “qualified 19 persons” listed in subparagraphs 5(b) through (e) above, but shall not be disclosed to a 20 party, or to an officer, director or employee of a party, unless otherwise agreed or 21 ordered. If disclosure of Attorney’s Eyes Only Material is made pursuant to this 22 paragraph, all other provisions in this Order with respect to confidentiality shall also 23 apply. 24 8. Nothing herein shall impose any restrictions on the use or disclosure by a party 25 of material obtained by such party independent of discovery in this action, whether or 26 not such material is also obtained through discovery in this action, or from disclosing its 27 own Confidential Material as it deems appropriate. 28 3 STIPULATED PROTECTIVE ORDER Case3:10-cv-02120-JSW Document37 Filed09/10/10 Page4 of 7 1 9. If Confidential Material, including any portion of a deposition transcript 2 designated as Confidential or Attorney’s Eyes Only, is included in any papers to be filed 3 in Court, such papers shall be labeled “Confidential--Subject to Court Order” and filed 4 under seal until further order of this Court. 5 10. In the event that any Confidential Material is used in any court proceeding in 6 this action, it shall not lose its confidential status through such use, and the party using 7 such shall take all reasonable steps to maintain its confidentiality during such use. 8 9 11. This Order shall be without prejudice to the right of the parties (I) to bring before the Court at any time the question of whether any particular document or 10 information is confidential or whether its use should be restricted or (ii) to present a 11 motion to the Court under FRCP Rule 26(c) for a separate protective order as to any 12 particular document or information, including restrictions differing from those as 13 specified herein. This Order shall not be deemed to prejudice the parties in any way in 14 any future application for modification of this Order. 15 12. This Order is entered solely for the purpose of facilitating the exchange of 16 documents and information between the parties to this action without involving the Court 17 unnecessarily in the process. Nothing in this Order nor the production of any information 18 or document under the terms of this Order nor any proceedings pursuant to this Order 19 shall be deemed to have the effect of an admission or waiver by either party or of altering 20 the confidentiality or nonconfidentiality of any such document or information or altering 21 any existing obligation of any party or the absence thereof. 22 13. This Order shall survive the final termination of this action, to the extent that 23 the information contained in Confidential Material is not or does not become known to 24 the public, and the Court shall retain jurisdiction to resolve any dispute concerning the 25 use of information disclosed hereunder. Upon termination of this case, counsel for the 26 parties shall assemble and return to each other all documents, material and deposition 27 transcripts designated as confidential and all copies of same, or shall certify the 28 4 STIPULATED PROTECTIVE ORDER Case3:10-cv-02120-JSW Document37 1 2 Filed09/10/10 Page5 of 7 destruction thereof. SO STIPULATED: 3 4 DATED: September 10, 2010 /s/ Carleton L. Briggs CARLETON L. BRIGGS 5 6 Attorney for Plaintiff William A. Prather 7 8 DATED: September 10, 2010 HAYES SCOTT BONINO ELLINGSON & McLAY, LLP 9 By: /s/ Nicholas Rogers NICHOLAS ROGERS, ESQ. 10 11 Attorneys for Defendant William D. Ross 12 13 DATED: September 10, 2010 EDRINGTON, SCHIRMER & MURPHY, LLP 14 15 By: /s/ Dolores M. Donohoe DOLORES M. DONOHOE, ESQ. 16 17 Attorneys for Defendants Rodeo-Hercules Fire Protection District, John Mills, Walter Trujillo, J. R. Stafford, and Beth Bartke 18 19 20 21 ATTESTATION PURSUANT TO GENERAL ORDER 45.X.B. I, Carleton L. Briggs, attest that concurrence in the electronic filing of this 22 document has been obtained from each of the signatories. I declare under penalty of 23 perjury under the laws of the United States of America that the foregoing is true and 24 correct. Executed this 10th day of September, 2010 at Mountain View, California. 25 26 /s/ Carleton L. Briggs 27 28 5 STIPULATED PROTECTIVE ORDER Case3:10-cv-02120-JSW Document37 Filed09/10/10 Page6 of 7 1 ORDER 2 APPROVED AND SO ORDERED. The Court DENIES the parties stipulated protective order without prejudice based on the parties failure to specify that the parties would comply with N.D. Local Civil Rule 79-5 in seeking to file documents under seal. Documents designated by the parties as confidential will not be filed automatically under seal. DATED: September 13, 2010 3 4 5 6 7 _________________________________ HON. JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 STIPULATED PROTECTIVE ORDER Case3:10-cv-02120-JSW Document37 1 Filed09/10/10 Page7 of 7 ATTACHMENT A 2 3 4 NONDISCLOSURE AGREEMENT I, ........................................, do solemnly swear that I am fully familiar with the 5 terms of the Stipulated Protective Order entered in Prather v. Rodeo-Hercules, et al., 6 United States District Court for the Northern District of California, Civil Action No. C 7 10-02120 JSW, and hereby agree to comply with and be bound by the terms and 8 conditions of said Order unless and until modified by further order of this Court. I hereby 9 consent to the jurisdiction of said Court for purposes of enforcing this Order. 10 11 DATED: ............................ 12 13 /s/------------------------- 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 STIPULATED PROTECTIVE ORDER
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