1 BRUCE A. KILDAY, ESQ., SBN 66415 Email: bkilday@akk-law.com 2 GÖKALP Y. GÜRER, ESQ., SBN 311919 3 Email: ggurer@akk-law.com ANGELO, KILDAY & KILDUFF, LLP 4 Attorneys at Law 601 University Avenue, Suite 150 5 Sacramento, CA 95825 6 Telephone: (916) 564-6100 Telecopier: (916) 564-6263 7 Attorneys for Defendants OFFICER JASON DAVIS (erroneously sued herein as JUSTIN DAVIS) 8 and DET. SCOTT ROUNDS
10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12
13 GREGORY WAYNE WALTON II, ) No. 2:18-cv-0080-TLN-DB PS ) 14 Plaintiff, ) CONFIDENTIALITY AGREEMENT 15 ) AND STIPULATED PROTECTIVE vs. ) ORDER 16 ) COUNTY OF SUTTER, YUBA CITY ) 17 POLICE DEPARTMENT, OFFICER JUSTIN ) 18 DAVIS, DETECTIVE SCOTT ROUNDS, ) ) 19 Defendants. ) ) 20 ) 21 IT IS HEREBY STIPULATED by and between Plaintiff GREGORY WAYNE WALTON 22 II (“Plaintiff”) and Defendants OFFICER JASON DAVIS (erroneously sued herein as JUSTIN 23 DAVIS) and DETECTIVE SCOTT ROUNDS (collectively, the “Defendants”), as well as the 24 CITY OF YUBA CITY (together, the “Parties”), by and through their respective counsel of record 25 unless self-represented, that in order to facilitate the exchange of information and documents 26 which are subject to confidentiality and in order to protect the fundamental right to privacy of 27 DEFENDANTS and third-parties, the Parties hereby enter into this Confidentiality Agreement and 28 Stipulated Protective Order (the “Protective Order”) pursuant to and enforceable under Fed. R. -1- 1 Civ. P. 26(c). 2 THE PARTIES STIPULATE AS FOLLOWS: 3 1. Any material produced by the Parties pursuant to this Protective Order (the 4 “Confidential Material”) is to remain confidential at all times. This Protective Order shall remain 5 in effect for the duration of this action unless terminated by written stipulation or Court order. 6 Insofar as they restrict the disclosure, treatment, or use of the Confidential Material, the provisions 7 of this Protective Order shall continue to be binding and enforceable even after the termination of 8 this action, unless by written stipulation or the Court orders otherwise; 9 2. The protections conferred by this Protective Order cover not only the produced 10 Confidential Material, but also any information copied or extracted therefrom, as well as all copies, 11 excerpts, transcriptions, summaries, or compilations thereof, plus testimony, conversations, or 12 presentations by the Parties or counsel to or in Court or in other settings that might reveal 13 Confidential Material; 14 3. That by agreeing Confidential Material may be produced, the Parties do not waive 15 objections as to attorney-client privilege, attorney work-product, self-critical analysis, and other 16 privileges which may apply, and do not waive the privacy rights of DEFENDANTS or any third 17 parties; 18 4. The producing party will designate the material subject to this Protective Order as 19 “Confidential.” Further, if a party uses Confidential Material at a deposition or non-public hearing 20 or proceeding, the party shall state on the record, prior to use of such Confidential Material, that 21 the material is confidential and is being used pursuant to the terms of this Protective Order, and 22 shall have fourteen (14) days from receiving the final transcript to designate some or all of the 23 transcript as “Confidential”, or, if no final transcript is requested, fourteen (14) days from the 24 deposition or non-public hearing or proceeding; 25 5. The inadvertent failure to designate material or testimony as “Confidential” that 26 should be so designated does not prejudice a party’s right to later designate it as such; 27 6. The receiving party may object to the propriety of the designation of specific 28 material as “Confidential” by serving a written objection on the producing party stating the reasons -2- 1 for the objection. The producing party shall thereafter respond to such objection by serving a 2 written response stating the reasons why the designation was made. The Parties shall meet and 3 confer in good faith regarding their dispute. The meet and confer process will not be deemed to 4 have concluded until the Parties (1) confer at least once via telephone, and (2) confirm in writing 5 that the Parties are unable to resolve their dispute. If the Parties cannot resolve a challenge to a 6 confidentiality designation without Court intervention, the producing party shall file and serve a 7 motion to retain confidentiality within twenty-eight (28) days of the conclusion of the meet and 8 confer process. The specific material at issue shall continue to be treated as confidential until the 9 twenty-eight (28) day period within which to file a motion expires or the Court orders otherwise; 10 7. The producing party shall only designate material as “Confidential” that which it 11 believes in good faith to contain confidential, sensitive, or private information, and the receiving 12 party shall only object to the designation of material as “Confidential” if it believes in good faith 13 that such a designation does not apply; 14 8. The receiving party agrees to control Confidential Material that it has received, and 15 shall not disclose or distribute the Confidential Material to anyone, such as friends, family, or 16 witnesses, in any way. The receiving party agrees not to upload or post any Confidential Material 17 to any online website or app, and not to disclose any Confidential Material to any organizations, 18 news or otherwise. The receiving party shall not disclose the Confidential Material to anyone, 19 except to (1) the Court and its personnel; (2) expert witnesses who have signed the “Agreement to 20 be Bound by Protective Order”, attached hereto as Exhibit A and incorporated herein by reference; 21 (3) during deposition, Plaintiff, Plaintiff’s medical providers, or Defendant Davis and Defendant 22 Rounds, who have signed the “Agreement to be Bound by Protective Order”; or (4) as otherwise 23 agreed by written stipulation or by Court order. 24 9. The Confidential Material may be used in trial but the Parties shall use reasonable 25 efforts to preserve confidentiality, including prior notification twenty-eight (28) days before the 26 Pretrial Conference to the Court and to the Parties that Confidential Material is planned to be used; 27 10. The Confidential Material are not to be disclosed outside of this litigation absent 28 written stipulation or a determination by the Court that they are not deemed confidential; -3- 1 11. Without written permission from the designating Party or a Court order secured 2 after appropriate notice to all interested persons, a party may not file in the public record in this 3 action any Confidential Material. A party that seeks to file under seal any Confidential Material 4 must comply with Civil Local Rule 141. 5 12. Nothing contained in this Protective Order shall preclude any party from seeking 6 or obtaining, upon an appropriate showing, additional protection with respect to any document, 7 information, or other discovery material; 8 13. Within sixty (60) days of the conclusion of this action, all Confidential Material 9 subject to this Protective Order, as well as any information copied or extracted therefrom, as well 10 as all copies, excerpts, transcriptions, summaries, or compilations thereof, whether paper or digital, 11 shall be shredded or otherwise destroyed, and the receiving party shall provide the producing party 12 with a sworn affidavit providing as such. This shredding or destruction shall include any 13 Confidential Material, as well as any information copied or extracted therefrom, as well as all 14 copies, excerpts, transcriptions, summaries, or compilations thereof, whether paper or digital, that 15 shall already have been returned to the party or counsel as provided in Exhibit A. Any 16 Confidential Material submitted to the Court shall remain sealed; 17 14.
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1 BRUCE A. KILDAY, ESQ., SBN 66415 Email: bkilday@akk-law.com 2 GÖKALP Y. GÜRER, ESQ., SBN 311919 3 Email: ggurer@akk-law.com ANGELO, KILDAY & KILDUFF, LLP 4 Attorneys at Law 601 University Avenue, Suite 150 5 Sacramento, CA 95825 6 Telephone: (916) 564-6100 Telecopier: (916) 564-6263 7 Attorneys for Defendants OFFICER JASON DAVIS (erroneously sued herein as JUSTIN DAVIS) 8 and DET. SCOTT ROUNDS
10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12
13 GREGORY WAYNE WALTON II, ) No. 2:18-cv-0080-TLN-DB PS ) 14 Plaintiff, ) CONFIDENTIALITY AGREEMENT 15 ) AND STIPULATED PROTECTIVE vs. ) ORDER 16 ) COUNTY OF SUTTER, YUBA CITY ) 17 POLICE DEPARTMENT, OFFICER JUSTIN ) 18 DAVIS, DETECTIVE SCOTT ROUNDS, ) ) 19 Defendants. ) ) 20 ) 21 IT IS HEREBY STIPULATED by and between Plaintiff GREGORY WAYNE WALTON 22 II (“Plaintiff”) and Defendants OFFICER JASON DAVIS (erroneously sued herein as JUSTIN 23 DAVIS) and DETECTIVE SCOTT ROUNDS (collectively, the “Defendants”), as well as the 24 CITY OF YUBA CITY (together, the “Parties”), by and through their respective counsel of record 25 unless self-represented, that in order to facilitate the exchange of information and documents 26 which are subject to confidentiality and in order to protect the fundamental right to privacy of 27 DEFENDANTS and third-parties, the Parties hereby enter into this Confidentiality Agreement and 28 Stipulated Protective Order (the “Protective Order”) pursuant to and enforceable under Fed. R. -1- 1 Civ. P. 26(c). 2 THE PARTIES STIPULATE AS FOLLOWS: 3 1. Any material produced by the Parties pursuant to this Protective Order (the 4 “Confidential Material”) is to remain confidential at all times. This Protective Order shall remain 5 in effect for the duration of this action unless terminated by written stipulation or Court order. 6 Insofar as they restrict the disclosure, treatment, or use of the Confidential Material, the provisions 7 of this Protective Order shall continue to be binding and enforceable even after the termination of 8 this action, unless by written stipulation or the Court orders otherwise; 9 2. The protections conferred by this Protective Order cover not only the produced 10 Confidential Material, but also any information copied or extracted therefrom, as well as all copies, 11 excerpts, transcriptions, summaries, or compilations thereof, plus testimony, conversations, or 12 presentations by the Parties or counsel to or in Court or in other settings that might reveal 13 Confidential Material; 14 3. That by agreeing Confidential Material may be produced, the Parties do not waive 15 objections as to attorney-client privilege, attorney work-product, self-critical analysis, and other 16 privileges which may apply, and do not waive the privacy rights of DEFENDANTS or any third 17 parties; 18 4. The producing party will designate the material subject to this Protective Order as 19 “Confidential.” Further, if a party uses Confidential Material at a deposition or non-public hearing 20 or proceeding, the party shall state on the record, prior to use of such Confidential Material, that 21 the material is confidential and is being used pursuant to the terms of this Protective Order, and 22 shall have fourteen (14) days from receiving the final transcript to designate some or all of the 23 transcript as “Confidential”, or, if no final transcript is requested, fourteen (14) days from the 24 deposition or non-public hearing or proceeding; 25 5. The inadvertent failure to designate material or testimony as “Confidential” that 26 should be so designated does not prejudice a party’s right to later designate it as such; 27 6. The receiving party may object to the propriety of the designation of specific 28 material as “Confidential” by serving a written objection on the producing party stating the reasons -2- 1 for the objection. The producing party shall thereafter respond to such objection by serving a 2 written response stating the reasons why the designation was made. The Parties shall meet and 3 confer in good faith regarding their dispute. The meet and confer process will not be deemed to 4 have concluded until the Parties (1) confer at least once via telephone, and (2) confirm in writing 5 that the Parties are unable to resolve their dispute. If the Parties cannot resolve a challenge to a 6 confidentiality designation without Court intervention, the producing party shall file and serve a 7 motion to retain confidentiality within twenty-eight (28) days of the conclusion of the meet and 8 confer process. The specific material at issue shall continue to be treated as confidential until the 9 twenty-eight (28) day period within which to file a motion expires or the Court orders otherwise; 10 7. The producing party shall only designate material as “Confidential” that which it 11 believes in good faith to contain confidential, sensitive, or private information, and the receiving 12 party shall only object to the designation of material as “Confidential” if it believes in good faith 13 that such a designation does not apply; 14 8. The receiving party agrees to control Confidential Material that it has received, and 15 shall not disclose or distribute the Confidential Material to anyone, such as friends, family, or 16 witnesses, in any way. The receiving party agrees not to upload or post any Confidential Material 17 to any online website or app, and not to disclose any Confidential Material to any organizations, 18 news or otherwise. The receiving party shall not disclose the Confidential Material to anyone, 19 except to (1) the Court and its personnel; (2) expert witnesses who have signed the “Agreement to 20 be Bound by Protective Order”, attached hereto as Exhibit A and incorporated herein by reference; 21 (3) during deposition, Plaintiff, Plaintiff’s medical providers, or Defendant Davis and Defendant 22 Rounds, who have signed the “Agreement to be Bound by Protective Order”; or (4) as otherwise 23 agreed by written stipulation or by Court order. 24 9. The Confidential Material may be used in trial but the Parties shall use reasonable 25 efforts to preserve confidentiality, including prior notification twenty-eight (28) days before the 26 Pretrial Conference to the Court and to the Parties that Confidential Material is planned to be used; 27 10. The Confidential Material are not to be disclosed outside of this litigation absent 28 written stipulation or a determination by the Court that they are not deemed confidential; -3- 1 11. Without written permission from the designating Party or a Court order secured 2 after appropriate notice to all interested persons, a party may not file in the public record in this 3 action any Confidential Material. A party that seeks to file under seal any Confidential Material 4 must comply with Civil Local Rule 141. 5 12. Nothing contained in this Protective Order shall preclude any party from seeking 6 or obtaining, upon an appropriate showing, additional protection with respect to any document, 7 information, or other discovery material; 8 13. Within sixty (60) days of the conclusion of this action, all Confidential Material 9 subject to this Protective Order, as well as any information copied or extracted therefrom, as well 10 as all copies, excerpts, transcriptions, summaries, or compilations thereof, whether paper or digital, 11 shall be shredded or otherwise destroyed, and the receiving party shall provide the producing party 12 with a sworn affidavit providing as such. This shredding or destruction shall include any 13 Confidential Material, as well as any information copied or extracted therefrom, as well as all 14 copies, excerpts, transcriptions, summaries, or compilations thereof, whether paper or digital, that 15 shall already have been returned to the party or counsel as provided in Exhibit A. Any 16 Confidential Material submitted to the Court shall remain sealed; 17 14. After the conclusion of this action, the Court shall retain jurisdiction to resolve any 18 dispute concerning the use or disclosure of Confidential Material produced pursuant to this 19 Protective Order; 20 15. Any violation of any provision of this Protective Order may be punishable as 21 contempt, sanctioned under the Court’s inherent power, and/or sanctioned pursuant to FRCP 37; 22 16. This Protective Order shall not be modified or terminated except by written 23 stipulation executed by the Parties or further order of the Court; 24 // 25 // 26 // 27 // 28 // -4- 1 17. This Protective Order may be executed in counterparts and each counterpart shall 2 be deemed an original, and all counterparts taken together will constitute one and the same 3 agreement, which will be binding and effective as to the Parties hereto. 4 5 IT IS SO STIPULATED. 6 Dated: June 22, 2020 ANGELO, KILDAY & KILDUFF, LLP
7 /s/ Gökalp Y. Gürer 8 By:_________________________________ BRUCE A. KILDAY 9 GÖKALP Y. GÜRER Attorneys for Defendants and the CITY 10 OF YUBA CITY 11 12 Dated: June 22, 2020 GREGORY WAYNE WALTON II
/s/ Gregory Wayne Walton II 13 (as authorized on 6.22.20) 14 By:_________________________________ 15 GREGORY WAYNE WALTON II Plaintiff, in pro per 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- 1 ORDER 2 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 3 IT IS FURTHER ORDERED THAT: 4 1. Requests to seal documents shall be made by motion before the same judge who will 5 decide the matter related to that request to seal. 6 2. The designation of documents (including transcripts of testimony) as confidential 7 pursuant to this order does not automatically entitle the parties to file such a document with the 8 court under seal. Parties are advised that any request to seal documents in this district is governed 9 by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a 10 written order of the court after a specific request to seal has been made. L.R. 141(a). However, a 11 mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires 12 that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, 13 the requested duration, the identity, by name or category, of persons to be permitted access to the 14 document, and all relevant information.” L.R. 141(b). 15 16 3. A request to seal material must normally meet the high threshold of showing that 17 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 18 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 19 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana 20 v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 21 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 22 certain documents, at any court hearing or trial – such determinations will only be made by the 23 court at the hearing or trial, or upon an appropriate motion. 24 5. With respect to motions regarding any disputes concerning this protective order which 25 the parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 26 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex parte 27 basis or on shortened time. 28 -6- 1 6. The parties may not modify the terms of this Protective Order without the court’s 2 approval. If the parties agree to a potential modification, they shall submit a stipulation and 3 proposed order for the court’s consideration. 4 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement 5 of the terms of this Protective Order after the action is terminated. 6 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 7 hereby DISAPPROVED. 8 DATED: June 22, 2020 /s/ DEBORAH BARNES 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- 1 EXHIBIT A AGREEMENT TO BE BOUND BY PROTECTIVE ORDER 2 I hereby acknowledge that I, ____________________________________, am about to 3 receive Confidential Material supplied in connection with Case No.: 2:18-cv-0080-TLN-DB PS. I 4 certify that I understand that the Confidential Material is provided to me subject to the terms and 5 restrictions of the Confidentiality Agreement and Stipulated Protective Order (“Protective Order”) 6 filed in this action. I have been given a copy of the Protective Order; I have read it, and I agree to 7 be bound by its terms and to be subject to contempt or other sanctions for violating the Protective 8 Order. 9 I understand that Confidential Material, as defined in the Protective Order, including any 10 notes or other records that may be made regarding any such Confidential Material, shall not be 11 disclosed to anyone or distributed in any way. I will not copy or use, except solely for the purposes 12 of this Proceeding, any Confidential Material obtained pursuant to this Protective Order, except as 13 provided therein or otherwise ordered by the Court in the proceeding. 14 I further understand that I am to retain all copies of all Confidential Material provided to 15 me in the proceeding in a secure manner, and that all copies of such Confidential Material are to 16 remain in my personal custody until conclusion of this action, whereupon copies of such 17 Confidential Material (whether paper or digital), as well as any excerpts, transcriptions, 18 summaries, or compilations thereof, will be returned to counsel or party who provided me with 19 such Confidential Material within fourteen (14) days of conclusion of this action. 20 I declare under penalty of perjury, under the laws of the State of California, that the 21 foregoing is true and correct. Executed this _______day of ___________, 20____, at 22 ______________, California. 23 By: _________________________________ 24
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