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5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 CHRISTINE DEMARIA, et al., Case No. 2:23-cv-01798-KJM-CSK 13 Plaintiffs, ORDER GRANTING MODIFIED STIPULATED PROTECTIVE ORDER 14 v. (ECF No. 37) 15 YOLO COUNTY SHERIFF’S OFFICE, et al., 16 Defendants. 17
19 The Court has reviewed the parties’ stipulated protective order below (ECF No. 20 21 37), and finds it comports with the relevant authorities and the Court’s Local Rule. See 22 L.R. 141.1. The Court APPROVES the protective order, subject to the following 23 clarification. 24 The Court’s Local Rules indicate that once an action is closed, it “will not retain 25 jurisdiction over enforcement of the terms of any protective order filed in that action.” L.R. 26 27 141.1(f); see Bylin Heating Sys., Inc. v. Thermal Techs., Inc., 2012 WL 13237584, at *2 28 (E.D. Cal. Oct. 29, 2012) (noting that courts in the district generally do not retain -1- 1 || jurisdiction for disputes concerning protective orders after closure of the case). Thus, the 2 | Court will not retain jurisdiction over this protective order once the case is closed. 4 5 Dated: August 26, 2024 4 (han Spo \L CHI S00 KIM 7 UNITED STATES MAGISTRATE JUDGE Q |] 4,demal798.23 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 —,_[,_. 3 STIPULATED PROTECTIVE ORDER
1 SERENA M. WARNER, ESQ., SBN 264799 Email: swarner@akk-law.com 2 DERICK E. KONZ, ESQ., SBN 286902 3 Email: dkonz@akk-law.com WILLIAM J. BITTNER, ESQ., SBN 292056 4 Email: wbittner@akk-law.com ANGELO, KILDAY & KILDUFF, LLP 5 Attorneys at Law 6 601 University Avenue, Suite 150 Sacramento, CA 95825 7 Telephone: (916) 564-6100 Telecopier: (916) 564-6263 8
Attorneys for Defendants YOLO COUNTY SHERIFF’S OFFICE, TOM LOPEZ, GARY 9 HALLENBECK, MICHAEL GLASER, ROBERT MIDDLEMAN, MATTHEW WIRICK, 10 SAMUEL MACHADO, NEAL GOODRICH, GARY RICHTER, TONYA TOLENTINO, AND HERNAN VEGA 11
12 UNITED STATES DISTRICT COURT 13
14 EASTERN DISTRICT OF CALIFORNIA 15
16 CHRISTINE DEMARIA, et al., ) Case No.: 2:23-CV-01798-KJM-CSK ) 17 Plaintiffs, ) STIPULATED PROTECTIVE ORDER 18 ) vs. ) 19 ) YOLO COUNTY SHERIFF’S OFFICE, et al., ) 20 ) 21 Defendants. ) ) 22
24 25 26 27 28 -3- 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 5 This is likely to include medical records, sensitive information contained within personnel files, 6 and third party sensitive information such as citizen complaints. 7 Accordingly, the parties hereby stipulate to the following Protective Order. The parties 8 acknowledge that this Order does not confer blanket protections on all disclosures or responses to 9 discovery, and that the protection it affords from public disclosure and use extends only to the 10 limited information or items that are entitled to confidential treatment under the applicable legal 11 principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Order 12 does not entitle them to file confidential information under seal; Local Rule 141 sets forth the 13 procedures that must be followed and the standards that will be applied when a party seeks 14 permission from the court to file material under seal. 15 2. DEFINITIONS 16 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 17 information or items under this Order. 18 2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is 19 generated, stored, or maintained) or tangible things that qualify for protection under Federal Rule 20 of Civil Procedure 26(c), including medical records, sensitive information contained within 21 personnel files, and third party sensitive information such as citizen complaints. 22 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 23 well as their support staff). 24 2.4 Designating Party: a Party or Non-Party that designates information or items that it 25 produces in disclosures or in responses to discovery as "CONFIDENTIAL." 26 2.5 Disclosure or Discovery Material: all items or information, regardless of the 27 medium or manner in which it is generated, stored, or maintained (including, among other things, 28 testimony, transcripts, and tangible things), that are produced or generated in disclosures or -4- 1 responses to discovery in this matter. 2 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 3 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 4 consultant in this action. 5 2.7 House Counsel: attorneys who are employees of a party to this action. House 6 Counsel does not include Outside Counsel of Record or any other outside counsel. 7 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 8 entity not named as a Party to this action. 9 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 10 action but are retained to represent or advise a party to this action and have appeared in this action 11 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 12 2.10 Party: any party to this action, including all of its officers, directors, employees, 13 consultants, retained experts, and Outside Counsel of Record (and their support staff). 14 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 15 Material in this action. 16 2.12 Professional Vendors: persons or entities that provide litigation support services 17 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 18 organizing, storing, or retrieving data in any form or medium) and their employees and 19 subcontractors. 20 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 21 "CONFIDENTIAL." 22 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 23 Producing Party. 24 3. SCOPE 25 The protections conferred by this Order cover not only Protected Material (as defined 26 above), but also (1) any information copied or extracted from Protected Material; (2) all copies, 27 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, 28 or presentations by Parties or their Counsel that might reveal Protected Material. However, the -5- 1 protections conferred by this Order do not cover the following information: (a) any information 2 that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the 3 public domain after its disclosure to a Receiving Party as a result of publication not involving a 4 violation of this Order, including becoming part of the public record through trial or otherwise; 5 and (b) any information known to the Receiving Party prior to the disclosure or obtained by the 6 Receiving Party after the disclosure from a source who obtained the information lawfully and 7 under no obligation of confidentiality to the Designating Party. Any use of Protected Material at 8 trial shall be governed by a separate agreement or order. 9 4. DURATION 10 Even after final disposition of this litigation, the confidentiality obligations imposed by this 11 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 12 otherwise directs.
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5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 CHRISTINE DEMARIA, et al., Case No. 2:23-cv-01798-KJM-CSK 13 Plaintiffs, ORDER GRANTING MODIFIED STIPULATED PROTECTIVE ORDER 14 v. (ECF No. 37) 15 YOLO COUNTY SHERIFF’S OFFICE, et al., 16 Defendants. 17
19 The Court has reviewed the parties’ stipulated protective order below (ECF No. 20 21 37), and finds it comports with the relevant authorities and the Court’s Local Rule. See 22 L.R. 141.1. The Court APPROVES the protective order, subject to the following 23 clarification. 24 The Court’s Local Rules indicate that once an action is closed, it “will not retain 25 jurisdiction over enforcement of the terms of any protective order filed in that action.” L.R. 26 27 141.1(f); see Bylin Heating Sys., Inc. v. Thermal Techs., Inc., 2012 WL 13237584, at *2 28 (E.D. Cal. Oct. 29, 2012) (noting that courts in the district generally do not retain -1- 1 || jurisdiction for disputes concerning protective orders after closure of the case). Thus, the 2 | Court will not retain jurisdiction over this protective order once the case is closed. 4 5 Dated: August 26, 2024 4 (han Spo \L CHI S00 KIM 7 UNITED STATES MAGISTRATE JUDGE Q |] 4,demal798.23 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 —,_[,_. 3 STIPULATED PROTECTIVE ORDER
1 SERENA M. WARNER, ESQ., SBN 264799 Email: swarner@akk-law.com 2 DERICK E. KONZ, ESQ., SBN 286902 3 Email: dkonz@akk-law.com WILLIAM J. BITTNER, ESQ., SBN 292056 4 Email: wbittner@akk-law.com ANGELO, KILDAY & KILDUFF, LLP 5 Attorneys at Law 6 601 University Avenue, Suite 150 Sacramento, CA 95825 7 Telephone: (916) 564-6100 Telecopier: (916) 564-6263 8
Attorneys for Defendants YOLO COUNTY SHERIFF’S OFFICE, TOM LOPEZ, GARY 9 HALLENBECK, MICHAEL GLASER, ROBERT MIDDLEMAN, MATTHEW WIRICK, 10 SAMUEL MACHADO, NEAL GOODRICH, GARY RICHTER, TONYA TOLENTINO, AND HERNAN VEGA 11
12 UNITED STATES DISTRICT COURT 13
14 EASTERN DISTRICT OF CALIFORNIA 15
16 CHRISTINE DEMARIA, et al., ) Case No.: 2:23-CV-01798-KJM-CSK ) 17 Plaintiffs, ) STIPULATED PROTECTIVE ORDER 18 ) vs. ) 19 ) YOLO COUNTY SHERIFF’S OFFICE, et al., ) 20 ) 21 Defendants. ) ) 22
24 25 26 27 28 -3- 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 5 This is likely to include medical records, sensitive information contained within personnel files, 6 and third party sensitive information such as citizen complaints. 7 Accordingly, the parties hereby stipulate to the following Protective Order. The parties 8 acknowledge that this Order does not confer blanket protections on all disclosures or responses to 9 discovery, and that the protection it affords from public disclosure and use extends only to the 10 limited information or items that are entitled to confidential treatment under the applicable legal 11 principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Order 12 does not entitle them to file confidential information under seal; Local Rule 141 sets forth the 13 procedures that must be followed and the standards that will be applied when a party seeks 14 permission from the court to file material under seal. 15 2. DEFINITIONS 16 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 17 information or items under this Order. 18 2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is 19 generated, stored, or maintained) or tangible things that qualify for protection under Federal Rule 20 of Civil Procedure 26(c), including medical records, sensitive information contained within 21 personnel files, and third party sensitive information such as citizen complaints. 22 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 23 well as their support staff). 24 2.4 Designating Party: a Party or Non-Party that designates information or items that it 25 produces in disclosures or in responses to discovery as "CONFIDENTIAL." 26 2.5 Disclosure or Discovery Material: all items or information, regardless of the 27 medium or manner in which it is generated, stored, or maintained (including, among other things, 28 testimony, transcripts, and tangible things), that are produced or generated in disclosures or -4- 1 responses to discovery in this matter. 2 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 3 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 4 consultant in this action. 5 2.7 House Counsel: attorneys who are employees of a party to this action. House 6 Counsel does not include Outside Counsel of Record or any other outside counsel. 7 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal 8 entity not named as a Party to this action. 9 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this 10 action but are retained to represent or advise a party to this action and have appeared in this action 11 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 12 2.10 Party: any party to this action, including all of its officers, directors, employees, 13 consultants, retained experts, and Outside Counsel of Record (and their support staff). 14 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 15 Material in this action. 16 2.12 Professional Vendors: persons or entities that provide litigation support services 17 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 18 organizing, storing, or retrieving data in any form or medium) and their employees and 19 subcontractors. 20 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 21 "CONFIDENTIAL." 22 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 23 Producing Party. 24 3. SCOPE 25 The protections conferred by this Order cover not only Protected Material (as defined 26 above), but also (1) any information copied or extracted from Protected Material; (2) all copies, 27 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, 28 or presentations by Parties or their Counsel that might reveal Protected Material. However, the -5- 1 protections conferred by this Order do not cover the following information: (a) any information 2 that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the 3 public domain after its disclosure to a Receiving Party as a result of publication not involving a 4 violation of this Order, including becoming part of the public record through trial or otherwise; 5 and (b) any information known to the Receiving Party prior to the disclosure or obtained by the 6 Receiving Party after the disclosure from a source who obtained the information lawfully and 7 under no obligation of confidentiality to the Designating Party. Any use of Protected Material at 8 trial shall be governed by a separate agreement or order. 9 4. DURATION 10 Even after final disposition of this litigation, the confidentiality obligations imposed by this 11 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 12 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 13 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 14 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 15 including the time limits for filing any motions or applications for extension of time pursuant to 16 applicable law. 17 5. DESIGNATING PROTECTED MATERIAL 18 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 19 or Non-Party that designates information or items for protection under this Order must take care 20 to limit any such designation to specific material that qualifies under the appropriate standards. 21 The Designating Party must designate for protection only those parts of material, documents, 22 items, or oral or written communications that qualify, so that other portions of the material, 23 documents, items, or communications for which protection is not warranted are not swept 24 unjustifiably within the ambit of this Order. 25 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 26 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 27 unnecessarily encumber or impede the case development process or to impose unnecessary 28 expenses and burdens on other parties) expose the Designating Party to sanctions. -6- 1 If it comes to a Designating Party's attention that information or items that it designated for 2 protection do not qualify for protection, that Designating Party must promptly notify all other 3 Parties that it is withdrawing the mistaken designation. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 5 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 6 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 7 designated before the material is disclosed or produced. Designation in conformity with this Order 8 requires: 9 (a) for information in documentary form (e.g., paper or electronic documents, 10 but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 11 Party affix the legend "CONFIDENTIAL" to each page that contains protected material. If only 12 a portion or portions of the material on a page qualifies for protection, the Producing Party also 13 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 14 margins). 15 A Party or Non-Party that makes original documents or materials available for inspection 16 need not designate them for protection until after the inspecting Party has indicated which material 17 it would like copied and produced. During the inspection and before the designation, all of the 18 material made available for inspection shall be deemed "CONFIDENTIAL." After the inspecting 19 Party has identified the documents it wants copied and produced, the Producing Party must 20 determine which documents, or portions thereof, qualify for protection under this Order. 21 Then, before producing the specified documents, the Producing Party must affix the 22 "CONFIDENTIAL" legend to each page that contains Protected Material. If only a portion or 23 portions of the material on a page qualifies for protection, the Producing Party also must clearly 24 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 25 (b) for testimony given in deposition or in other pretrial or trial proceedings, 26 that the Designating Party identify on the record, before the close of the deposition, hearing, or 27 other proceeding, all protected testimony. 28 (c) for information produced in some form other than documentary and for any -7- 1 other tangible items, that the Producing Party affix in a prominent place on the exterior of the 2 container or containers in which the information or item is stored the legend "CONFIDENTIAL." 3 If only a portion or portions of the information or item warrant protection, the Producing Party, to 4 the extent practicable, shall identify the protected portion(s). 5 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 6 designate qualified information or items does not, standing alone, waive the Designating Party's 7 right to secure protection under this Order for such material. Upon timely correction of a 8 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 9 in accordance with the provisions of this Order. 10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 12 confidentiality at any time. Unless a prompt challenge to a Designating Party's confidentiality 13 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 14 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 15 challenge a confidentiality designation by electing not to mount a challenge promptly after the 16 original designation is disclosed. 17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 18 process by providing written notice of each designation it is challenging and describing the basis 19 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 20 notice must recite that the challenge to confidentiality is being made in accordance with this 21 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 22 good faith and must begin the process by conferring within 14 calendar days of the date of service 23 of notice. In conferring, the Challenging Party must explain the basis for its belief that the 24 confidentiality designation was improper and must give the Designating Party an opportunity to 25 review the designated material, to reconsider the circumstances, and, if no change in designation 26 is offered, to explain the basis for the chosen designation. A Challenging Party may proceed to 27 the next stage of the challenge process only if it has engaged in this meet and confer process first 28 or establishes that the Designating Party is unwilling to participate in the meet and confer process -8- 1 in a timely manner. 2 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 3 intervention, the parties shall follow the procedures set forth in Local Rule 251 to resolve the 4 challenge. The burden of persuasion in any such challenge proceeding shall be on the Designating 5 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 6 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 7 sanctions. Until the court rules on the challenge, the Parties shall continue to afford the material 8 in question the level of protection to which it is entitled under the Producing Party's designation. 9 7. ACCESS TO AND USE OF PROTECTED MATERIAL 10 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed 11 or produced by another Party or by a Non-Party in connection with this case only for prosecuting, 12 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only 13 to the categories of persons and under the conditions described in this Order. When the litigation 14 has been terminated, a Receiving Party must comply with the provisions of Section 13 below. 15 Protected Material must be stored and maintained by a Receiving Party at a location and in 16 a secure manner that ensures that access is limited to the persons authorized under this Order. 17 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise ordered 18 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 19 information or item designated "CONFIDENTIAL" only to: 20 (a) the Receiving Party's Outside Counsel of Record and insurance 21 company/TPA in this action, as well as employees of said Outside Counsel of Record or insurance 22 company/TPA to whom it is reasonably necessary to disclose the information for this litigation 23 and who have signed the "Acknowledgment and Agreement to Be Bound" that is attached hereto 24 as Exhibit A; 25 (b) the officers, directors, and employees (including House Counsel) of the 26 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed 27 the "Acknowledgment and Agreement to Be Bound" (Exhibit A); 28 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure -9- 1 is reasonably necessary for this litigation and who have signed the "Acknowledgment and 2 Agreement to Be Bound" (Exhibit A); 3 (d) the court and its personnel; 4 (e) court reporters and their staff, professional jury or trial consultants, mock 5 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and 6 who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A); 7 (f) during their depositions, witnesses in the action to whom disclosure is 8 reasonably necessary and who have signed the "Acknowledgment and Agreement to Be Bound" 9 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. If counsel 10 for the parties stipulate, or the Designating Party requests separate binding of Protected Material, 11 pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material 12 must be separately bound by the court reporter and may not be disclosed to anyone except as 13 permitted under this Stipulated Protective Order; 14 (g) the author or recipient of a document containing the information or a 15 custodian or other person who otherwise possessed or knew the information. 16 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 17 LITIGATION 18 If a Party is served with a subpoena or a court order issued in other litigation that compels 19 disclosure of any information or items designated in this action as "CONFIDENTIAL," that Party 20 must: 21 (a) promptly notify in writing the Designating Party. Such notification shall include a 22 copy of the subpoena or court order; 23 (b) promptly notify in writing the party who caused the subpoena or order to issue in 24 the other litigation that some or all of the material covered by the subpoena or order is subject to 25 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; 26 and 27 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 28 Designating Party whose Protected Material may be affected. -10- 1 If the Designating Party timely seeks a protective order, the Party served with the subpoena 2 or court order shall not produce any information designated in this action as "CONFIDENTIAL" 3 before a determination by the court from which the subpoena or order issued, unless the Party has 4 obtained the Designating Party's permission. The Designating Party shall bear the burden and 5 expense of seeking protection in that court of its confidential material, and nothing in these 6 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 7 disobey a lawful directive from another court. 8 9. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 9 LITIGATION 10 (a) The terms of this Order are applicable to information produced by a Non-Party in 11 this action and designated as "CONFIDENTIAL." Such information produced by Non-Parties in 12 connection with this litigation is protected by the remedies and relief provided by this Order. 13 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 14 additional protections. 15 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 16 Party's confidential information in its possession, and the Party is subject to an agreement with the 17 Non-Party not to produce the Non-Party's confidential information, then the Party shall: 18 (1) promptly notify in writing the Requesting Party and the Non-Party that 19 some or all of the information requested is subject to a confidentiality agreement with a Non-Party; 20 (2) promptly provide the Non-Party with a copy of the Stipulated Protective 21 Order in this litigation, the relevant discovery request(s), and a reasonably specific description of 22 the information requested; and 23 (3) make the information requested available for inspection by the Non-Party. 24 (c) If the Non-Party fails to object or seek a protective order from this court within 14 25 days of receiving the notice and accompanying information, the Receiving Party may produce the 26 Non-Party's confidential information responsive to the discovery request. If the Non-Party timely 27 seeks a protective order, the Receiving Party shall not produce any information in its possession 28 or control that is subject to the confidentiality agreement with the Non-Party before a -11- 1 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 2 burden and expense of seeking protection in this court of its Protected Material. 3 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 5 Material to any person or in any circumstance not authorized under this Stipulated Protective 6 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 7 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 8 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 9 terms of this Order, and (d) request such person or persons to execute the "Acknowledgment and 10 Agreement to Be Bound" that is attached hereto as Exhibit A. 11 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 12 MATERIAL 13 When a Producing Party gives notice to Receiving Parties that certain inadvertently 14 produced material is subject to a claim of privilege or other protection, the obligations of the 15 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 16 is not intended to modify whatever procedure may be established in an e-discovery order that 17 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 18 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 19 communication or information covered by the attorney-client privilege or work product protection, 20 the parties may incorporate their agreement in the stipulated protective order submitted to the 21 court. 22 12. MISCELLANEOUS 23 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 24 seek its modification by the court in the future. 25 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 26 Order no Party waives any right it otherwise would have to object to disclosing or producing any 27 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, 28 no Party waives any right to object on any ground to use in evidence of any of the material covered -12- 1 by this Protective Order. 2 12.3 Filing Protected Material. Without written permission from the Designating Party 3 or a court order secured after appropriate notice to all interested persons, a Party may not file in 4 the public record in this action any Protected Material. A Party that seeks to file under seal any 5 Protected Material must comply with Local Rule 141. Protected Material may only be filed under 6 seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If 7 a Receiving Party’s request to file Protected Material under seal pursuant to Local Rule 141 is 8 denied by the court, then the Receiving Party may file the information in the public record unless 9 otherwise instructed by the court. 10 13. FINAL DISPOSITION 11 Within 60 calendar days after the final disposition of this action, as defined in Section 4, 12 upon written notification served by the Producing or Designating Party, each Receiving Party must 13 return all Protected Material to the Producing Party or destroy such material. As used in this 14 subdivision, "all Protected Material" includes all copies, abstracts, compilations, summaries, and 15 any other format reproducing or capturing any of the Protected Material. Whether the Protected 16 Material is returned or destroyed, the Receiving Party must submit a written certification to the 17 Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day 18 deadline that (1) identifies (by category, where appropriate) all the Protected Material that was 19 returned or destroyed, and (2) affirms that the Receiving Party has not retained any copies, 20 abstracts, compilations, summaries, or any other format reproducing or capturing any of the 21 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy 22 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 23 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 24 and expert work product, even if such materials contain Protected Material. Any such archival 25 copies that contain or constitute Protected Material remain subject to this Protective Order as set 26 forth in Section 4. 27 /// 28 /// -13- 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 Dated: ANGELO, KILDAY & KILDUFF, LLP
4 /s/ William J. Bittner 5 By:_________________________________ SERENA M. WARNER 6 DERICK E. KONZ WILLIAM J. BITTNER 7 Attorneys for Defendants YOLO 8 COUNTY SHERIFF’S OFFICE, TOM LOPEZ, GARY HALLENBECK, 9 MICHAEL GLASER, ROBERT MIDDLEMAN, MATTHEW WIRICK, 10 SAMUEL MACHADO, NEAL 11 GOODRICH, GARY RICHTER, TONYA TOLENTINO, AND HERNAN 12 VEGA
14 Dated: BARTH DALY LLP
15 /s/ Kresta N. Daly (As Authorized on 8.22.2024) 16 By:_________________________________ 17 KRESTA NORA DALY THOMAS BARTH 18 Attorneys for Plaintiffs
21 22 23 24 25 26 27 28 -14- 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _________________________________________ [print or type full name], of 4 ________________________________ [print or type full address], declare under penalty of 5 perjury that I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Eastern District of California on 7 ____________ [date] in the case of DeMaria, et al. v. Yolo County Sheriff’sOffice, et al., 8 No. 2:23-cv-01798-KJM-CS. I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order and I understand and acknowledge that failure to so comply could 10 expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will 11 not disclose in any manner any information or item that is subject to this Stipulated Protective 12 Order to any person or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective 15 Order, even if such enforcement proceedings occur after termination of this action. 16 I hereby appoint _________________________________ [print or type full name] of 17 _______________________________________________________ [print or type full address and telephone 18 number] as my California agent for service of process in connection with this action or any 19 proceedings related to enforcement of this Stipulated Protective Order. 20 21 Date:
22 City and State where 23 sworn and signed:
24 Printed Name: 25
26 Signature: 27
28 -15-