Downes v. The City and County of San Francisco et al, No. 4:2010cv04451 - Document 15 (N.D. Cal. 2011)
Court Description: ORDER Granting 13 Stipulation and Protective Order. Signed by Judge Claudia Wilken on 1/19/2011. (ndr, COURT STAFF) (Filed on 1/19/2011)
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Downes v. The City and County of San Francisco et al 1 2 3 4 5 6 7 8 Doc. 15 DENNIS J. HERRERA, State Bar #139669 City Attorney JOANNE HOEPER, State Bar #114961 Chief Trial Deputy PETER J. KEITH, State Bar #206482 Deputy City Attorney Fox Plaza 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: (415) 554-3908 Facsimile: (415) 554-3837 E-Mail: peter.keith@sfgov.org Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, AND SHERIFF MICHAEL HENNESSEY 9 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 20 21 22 23 24 ESTER DOWNES, IN HER INDIVIDUAL CAPACITY AND AS PERSONAL REPRESENTATIVE FOR ISSIAH DOWNES AND THE ESTATE OF ISSIAH DOWNES, Plaintiffs, Case No. CGC-10-4451 CW STIPULATION AND PROTECTIVE ORDER Trial Date: Not Set vs. THE CITY AND COUNTY OF SAN FRANCISCO; Sheriff MICHAEL HENNESSEY; Undersheriff JANET DEMPSEY; Capt. JONAH PECOT; Lt. JOHN CASEY; Senior Deputy MATTHEW WONG; Dpeuty SMITH-AL-GHANI; Deputy JUAN GUITRON; Deputy EDWARD GUTIERREZ; Deputy MEL SONG; Deputy KEN LOMBA; Deputy DAN WHITE; Deuty KEVIN MACKSOUD; PAULA AVERY; EMMANUEL BULATO; and DOES 2 THRU 100, all in their individual and official capacities, Defendants. 25 26 27 28 Stipulation And [Proposed] Protective Order Downes v. CCSF, et al; No. 10-cv-4451 CW 1 c:\documents and settings\workstation\local settings\temp\notes95ec0b\00669572.doc Dockets.Justia.com 1 Pursuant to Federal Rule of Civil Procedure 26(c) the parties have met and conferred and agree 2 that the discovery of CONFIDENTIAL INFORMATION in this matter be made pursuant to the terms 3 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. All documents, including, but not limited to, audiotapes, videotapes, photographs, 16 transcripts, etc., related to any investigation by a law enforcement agency of the event forming the 17 basis of this lawsuit (“INVESTIGATIVE FILES”) shall be also be deemed CONFIDENTIAL 18 INFORMATION, within the meaning of this stipulation. 19 3. Plaintiff may challenge defendants’ designation of a particular document as 20 CONFIDENTIAL INFORMATION by filing an appropriate motion, under seal, with the Court. The 21 parties agree that the prevailing party in a motion to remove the confidential designation shall waive 22 any entitlement to monetary sanctions, including attorney’s fees. 23 4. Unless disclosure is ordered by the Court, attorneys for defendants shall have the sole 24 authority to determine that documents subject to the PROTECTIVE ORDER are no longer considered 25 CONFIDENTIAL INFORMATION and will advise counsel for plaintiff in writing if this 26 determination is made. 27 28 5. Any CONFIDENTIAL INFORMATION that is disclosed or produced by any party or non party in connection with this case may be used only for prosecuting, defending, or attempting to Stipulation And [Proposed] Protective Order Downes v. CCSF, et al; No. 10-cv-4451 CW 2 c:\documents and settings\workstation\local settings\temp\notes95ec0b\00669572.doc 1 settle this litigation. CONFIDENTIAL INFORMATION may be disclosed only to the categories of 2 persons and under the conditions described in this Order. When the litigation has been terminated, all 3 parties or non parties that have received CONFIDENTIAL INFORMATION must comply with the 4 provisions of section 12, below. All parties or non parties that have received CONFIDENTIAL INFORMATION must 5 6 store and maintain it in a secure manner that ensures that access is limited to the persons authorized 7 under this Order. 8 6. 9 10 Plaintiff’s Counsel may exhibit, discuss, and/or disclose CONFIDENTIAL INFORMATION only to the following categories of person and no other unless authorized by order of the Court: 11 a. Plaintiff’s Counsel; 12 b. Experts, investigators or consultants retained by Plaintiff’s Counsel to assist in 13 the evaluation, preparation, or trial of this case; however, before any expert, investigator, or consultant 14 is permitted to review the CONFIDENTIAL INFORMATION, such individual must agree to comply 15 with the terms of this PROTECTIVE ORDER by executing the document attached as Exhibit A. 16 Plaintiff’s counsel shall file and serve that document upon its execution; however, Plaintiff’s counsel 17 shall not be required to file any Agreement to Comply any earlier than the date that Expert Disclosures 18 are required to be made. Experts, investigators, and consultants shall not have any power to authorize 19 further disclosure of CONFIDENTIAL INFORMATION to any other person. 20 7. Counsel for Plaintiff may not provide originals or copies of the CONFIDENTIAL 21 INFORMATION to any plaintiff absent the written agreement of counsel for the City or a court order, 22 subject to the following: 23 a. For purposes of evaluating the settlement value or potential jury verdict, counsel 24 for Plaintiff may discuss the general nature of the CONFIDENTIAL INFORMATION with plaintiffs 25 without disclosing any identifying details about a specific incident or any documents. Plaintiffs’ 26 counsel may also review with a plaintiff any statement or interview given by that plaintiff. 27 28 b. In addition, Plaintiffs’ counsel may show INVESTIGATIVE FILES materials only to individual plaintiffs and discuss those materials with individual plaintiffs, but may not give Stipulation And [Proposed] Protective Order Downes v. CCSF, et al; No. 10-cv-4451 CW 3 c:\documents and settings\workstation\local settings\temp\notes95ec0b\00669572.doc 1 plaintiffs copies; however, each individual plaintiff must execute the document attached as Exhibit A 2 pursuant to the provisions of paragraph 6.b., and will be bound by this Protective Order. 3 8. 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 be 7 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 and 10 are not to be opened nor the contents thereof to be displayed or revealed except by further order of the 11 Court or written consent of the City and County of San Francisco." 12 9. 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 order 17 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 any 21 CONFIDENTIAL INFORMATION or any reference to CONFIDENTIAL INFORMATION. 22 10. 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 any 24 circumstance not authorized under this PROTECTIVE ORDER, the party must immediately (a) notify 25 the San Francisco City Attorney’s Office in writing of the unauthorized disclosures, (b) use its best 26 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 And [Proposed] Protective Order Downes v. CCSF, et al; No. 10-cv-4451 CW 4 c:\documents and settings\workstation\local settings\temp\notes95ec0b\00669572.doc 1 11. 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 12. All documents covered by this PROTECTIVE ORDER and copies thereof (including 5 those in the possession of experts, consultants, etc.) will be returned to the San Francisco City 6 Attorney's Office at the termination of this litigation. On final disposition of this case, plaintiff’s 7 counsel shall within 30 days after the final disposition of this case, without request or further order of 8 this Court, return all CONFIDENTIAL INFORMATION to the Deputy City Attorney of record in this 9 matter. The provisions of this PROTECTIVE ORDER shall, without further order of the Court, 10 continue to be binding after the conclusion of the action, and this Court will have jurisdiction to 11 enforce the terms of this PROTECTIVE ORDER. 12 13. Should plaintiff(s) fail to comply with this PROTECTIVE ORDER, plaintiff(s) and 13 plaintiffs' counsel shall be liable for all costs associated with enforcing this agreement, including but 14 not limited to all attorney fees in amounts to be determined by the Court. Plaintiff and plaintiff's 15 counsel may also be subject to additional sanctions or remedial measures, such as contempt, 16 evidentiary or terminating sanctions. 17 IT IS SO STIPULATED. 18 19 Dated: January 18, 2011 20 DENNIS J. HERRERA City Attorney JOANNE HOEPER Chief Trial Deputy PETER J. KEITH Deputy City Attorney 21 22 23 24 By: Peter J. Keith PETER J. KEITH Attorneys for Defendants 25 26 CITY AND COUNTY OF SAN FRANCISCO 27 AND SHERIFF MICHAEL HENNESSEY 28 Stipulation And [Proposed] Protective Order Downes v. CCSF, et al; No. 10-cv-4451 CW 5 c:\documents and settings\workstation\local settings\temp\notes95ec0b\00669572.doc 1 Dated: January 18, 2011 LAW OFFICES OF GERI LYNN GREEN 2 3 By: /s/* GERI LYNN GREEN Attorneys for Plaintiff ESTHER DOWNES 4 *Pursuant to GO 45, the electronic signatory has obtained approval from this signatory. 5 6 7 8 ORDER BASED ON THE ABOVE ENTERED STIPULATION, IT IS SO ORDERED. 9 10 Dated: 1/19/2011 11 12 THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT COURT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation And [Proposed] Protective Order Downes v. CCSF, et al; No. 10-cv-4451 CW 6 c:\documents and settings\workstation\local settings\temp\notes95ec0b\00669572.doc EXHIBIT A 1 2 AGREEMENT TO COMPLY WITH STIPULATED PROTECTIVE 3 ORDER FOR CONFIDENTIAL INFORMATION 4 I, , have read and understand the Court’s Protective Order for 5 CONFIDENTIAL INFORMATION. I agree to abide by all terms of the Order. In addition, I 6 specifically understand and agree to the following: 7 1. I will not disclose the CONFIDENTIAL INFORMATION to any other person. 8 2. I understand that I have no power to authorize any other person to review the 9 CONFIDENTIAL INFORMATION. 10 3. I agree not to make copies of the CONFIDENTIAL INFORMATION. 11 4. I agree to return the CONFIDENTIAL INFORMATION to the counsel for the party 12 13 14 that produced it, at or before the conclusion of this litigation. 5. I understand that if I violate any of the terms of the Protective Order, then Plaintiffs, Plaintiffs’ Counsel, and I may be subject to sanctions or possible contempt. 15 16 AGREED: 17 18 19 DATE 20 21 SIGNATURE 22 23 24 PRINT NAME 25 26 27 28 Stipulation And [Proposed] Protective Order Downes v. CCSF, et al; No. 10-cv-4451 CW 7 c:\documents and settings\workstation\local settings\temp\notes95ec0b\00669572.doc
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