Shaw v. Sacramento County Sheriff's Dept.

Opinion

1 RIVERA HEWITT PAUL LLP JONATHAN B. PAUL, SBN 215884 2 WENDY MOTOOKA, SBN 233589 2355 Gold Meadow Way, Suite 170 3 Gold River, CA 95670 Telephone: 916-922-1200 Facsimile: 916-922-1303 4 Email: JPaul@rhplawyers.com wmotooka@rhplawyers.com 5 Attorneys for Defendants COLIN MASON, 6 STEVEN FORSYTH, KENNETH SHELTON, and REID HARRIS 7 8 Jeff Dominic Price JDP PC | SBN 165534 23465 Civic Center Wy., Bldg 9 9 Malibu, California 90265 jdp@jdpfirm.com 10 Tel. 310.451.2222 11 Cate Beekman SBN 245605 Beekman & Chikhani, LLP 12 711 Jefferson Street, Suite 101 Fairfield, California 94533 13 Tel. 510.326.5963 14 Attorneys for Plaintiff SHEENA SHAW 15 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 19 SHEENA SHAW, Case No.: 2:16-cv-00729 TLN CKD 20 Plaintiff, STIPULATED PROTECTIVE ORDER FOR 21 vs. CONFIDENTIAL DOCUMENTS; [PROPOSED] ORDER THEREON 22 DEPUTY COLIN MASON #461, DEPUTY STEVEN FORSYTH #874, 23 DEPUTY KENNETH SHELTON #1021, DEPUTY REID HARRIS #238, and DOES 24 1-10, inclusive, 25 Defendants. 26

27 28 Disclosure and discovery activity in this action are likely to involve production of 1 confidential, proprietary, or private information for which special protection from public 2 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 3 Such confidential information includes criminal records, some of which may be subject to a state 4 court sealing order; personnel records; medical and psychiatric records; and other sensitive 5 information or documents. 6 Therefore, Plaintiff SHEENA SHAW and Defendants COLIN MASON, STEVEN 7 FORSYTH, KENNETH SHELTON, and REID HARRIS, by and through their respective 8 counsel, hereby stipulate that the terms of this protective order, if approved by the Court, shall 9 apply to the materials designated as confidential in this action. 10 STIPULATION AND PROTECTIVE ORDER 11 A. DEFINITIONS 12 The following definitions shall apply to this Protective Order: 13 1. The “Action” shall mean and refer to the above-captioned matter and any appeal 14 from the Action, through final judgment. 15 2. “Documents” or “Confidential Documents” shall mean the Documents that 16 plaintiff or defendants designate as “Confidential” in the manner set forth in this Protective Order. 17 3. “Confidential” shall mean information designated “Confidential” pursuant to this 18 Protective Order. Information designated “Confidential” shall be information that is determined 19 in good faith by the attorneys representing the Designating Party to be subject to protection 20 pursuant to Fed. R. Civ. P. 26(c). Confidential Documents, material, and/or information shall be 21 used solely for purposes of litigation. Confidential Information shall not be used by the non- 22 Designating Party for any business or other purpose, unless agreed to in writing by all Parties to 23 this action or as authorized by further order of the Court. 24 4. “Defendants” shall mean COLIN MASON, STEVEN FORSYTH, KENNETH 25 SHELTON, and REID HARRIS. 26 5. “Plaintiff” shall mean SHEENA SHAW. 27 6. “Parties” shall mean Plaintiff and Defendants, identified above. 28 B. TERMS OF THE PROTECTIVE ORDER 1 The following terms apply to documents designated as “Confidential” by the Plaintiff or 2 Defendants and produced subject to the following Protective Order: 3 1. The Confidential Documents shall be used solely in connection with the civil case 4 Shaw v. Mason et al., E.D. Cal. Case No. 2:16-cv-00729-TLN-CKD and in the preparation and 5 trial of the case. The Parties do not waive any objections to the admissibility of the documents or 6 portions thereof in future proceedings in this case, including trial. 7 2. The “Designating Party” will designate the Confidential Documents as 8 confidential by affixing a mark labelling them “Confidential.” 9 3. The Confidential Documents may only be disclosed to the following persons: 10 (a) Counsel for Plaintiff, including partners and associate attorneys in their 11 offices, as counsel for Plaintiff in this case; 12 (b) Counsel for Defendants, including partners and associate attorneys in their 13 offices, as counsel for Defendants in this case; 14 (c) Paralegal, clerical, and secretarial personnel regularly employed by counsel 15 referred to in subparts (a) and (b), including stenographic deposition reporters or 16 videographers retained in connection with this action; 17 (d) Court personnel, including stenographic reporters or videographers 18 engaged in proceedings as are necessarily incidental to the preparation for the trial in the 19 civil action; 20 (e) Any expert, consultant, or investigator retained in connection with this 21 action, however, such persons must be advised of and abide by this protective order; 22 (f) The finder of fact at the time of trial, subject to the court’s rulings on in 23 limine motions and objections of counsel; 24 (g) Witnesses during their depositions in this action. If confidential documents 25 are used in the deposition, the documents must be identified as “Confidential” and the 26 portion of the deposition in which the documents are described should also be considered 27 confidential; and 28 (h) The parties to this action and any representatives acting on their behalf for 1 this action. 2 4. Before any Confidential Documents may be disclosed to persons described in 3 Subsections paragraph 3 above, each person to whom such Confidential Documents are disclosed, 4 except for Court officials and employees, shall be provided with a copy of this Protective Order 5 and shall sign a written certification in the form of the undertaking attached hereto and 6 incorporated herein. 7 5. No notes, lists, memoranda, index, electronic images, databases or compilation 8 prepared based wholly or in part upon examination of Confidential Documents shall be 9 disseminated to anyone not authorized to have access to Confidential Documents. 10 6. If the Confidential Documents are filed with any motion or other pleading, a party 11 may seek permission from the Court to file the Confidential Documents under seal according to 12 Local Rule 141. If permission is granted, the Confidential Documents will be filed and served in 13 accordance with Local Rule 141. 14 7. The designation of the Confidential Documents as “Confidential” and the 15 subsequent production thereof is without prejudice to the right of any party to oppose the 16 admissibility of the Confidential Documents or information contained therein. 17 8. Any party or non-party may challenge a designation of confidentiality at any time. 18 A party or non-party does not waive its right to challenge a confidentiality designation by electing 19 not to mount a challenge promptly after the original designation is disclosed. The Challenging 20 Party shall initiate the dispute resolution process by providing written notice of each designation 21 it is challenging and describing the basis for each challenge. The parties shall attempt to resolve 22 each challenge in good faith and must begin the process by conferring directly (in voice-to-voice 23 dialogue – other forms of communication are not sufficient) within seven (7) days of the date of 24 receiving notice of the challenge. In conferring, the Challenging Party must explain the basis for 25 its belief that the confidentiality designation was not proper and must give the Designating Party 26 an opportunity to review the designated material, to reconsider the circumstances, and, if no 27 change in designation is offered, to explain the basis for the chosen designation. A Challenging 28 Party may proceed to the next stage of the challenge process only if it has engaged in this meet 1 and confer process first or establishes that the Designating Party is unwilling to participate in the 2 meet and confer process in a timely manner. If the Parties cannot resolve a challenge without 3 Court intervention, the Designating Party may file and serve a motion for protective order 4 pursuant to Fed. R. Civ. P. 26(c) and E.D. Cal. L.R. 251 within twenty-one (21) days of the initial 5 notice of challenge. Failure by the Designating Party to make such a motion within twenty-one 6 (21) days shall automatically waive the “Confidential” designation for each challenged 7 designation. In addition, the Challenging Party may file a motion challenging a confidentiality 8 designation at any time if there is good cause for doing so. The burden of persuasion in any such 9 challenge proceeding shall be on the Designating Party. Unless the Designating Party has waived 10 the confidentiality designation by failing to file a motion to retain confidentiality as described 11 above, all parties shall continue to afford the material in question the level of protection to which 12 it is entitled under the Designating Party’s designation until the Court rules on the challenge. 13 9. Notwithstanding the provisions of Paragraph 3, the Confidential Documents and 14 information contained therein may not be delivered, exhibited or otherwise disclosed to any 15 reporter, writer or employee of any trade publication, newspaper, magazine or other media 16 organization, including but not limited to radio and television media, or via social media, 17 provided that the Challenging Party has not obtained, by challenge or otherwise, the removal of 18 the confidentiality designation from the Confidential Documents. 19 10. Should the Confidential Documents or any information contained therein be 20 disclosed, through inadvertence or otherwise, to any person not authorized to receive it under this 21 Protective Order, the disclosing person(s) shall promptly (a) inform counsel for the Defendants of 22 the recipient(s) and the circumstances of the unauthorized disclosure to the relevant producing 23 person(s) and (b) use best efforts to bind the recipient(s) to the terms of this Protective Order. 24 11. A Confidential Document shall not lose its confidential status because it was 25 inadvertently or unintentionally disclosed to a person not authorized to receive it under this 26 Protective Order. 27 12. After the conclusion of this litigation, the Confidential Documents will remain 28 confidential, unless the Challenging Party has obtained removal of the confidentiality 1 designations, or unless the party receiving the confidential documents destroys the documents or 2 returns them to the Designating Party and serves a declaration stating that they have done so. 3 “Conclusion” of this litigation means a final resolution of the case following a trial and/or appeal, 4 settlement, or dismissal of the Action with prejudice for any other reason. 5 13. This Stipulated Protective Order shall remain in full force and effect and shall 6 continue to be binding on all parties and affected persons until this litigation terminates, subject to 7 any subsequent modifications of this Stipulated Protective Order for good cause shown by this 8 Court or any Court having jurisdiction over an appeal of this action. Upon termination of this 9 litigation, the parties agree the Stipulated Protective Order shall continue in force as a private 10 agreement between the parties, unless the Challenging Party has obtained removal of the 11 confidentiality designations from certain documents, or unless the party receiving the confidential 12 documents destroys the documents or returns them to the Designating Party and serves a 13 declaration stating that they have done so. 14 14. During the pendency of this lawsuit, the Court shall (a) make such amendments, 15 modifications and additions to this Protective Order as it may deem appropriate upon good cause 16 shown; and, (b) adjudicate any dispute arising under it. 17 IT IS SO STIPULATED. 18 DATE: January 17, 2025 RIVERA HEWITT PAUL LLP 19 _/s/ Wendy Motooka 20 JONATHAN B. PAUL WENDY MOTOOKA 21 Attorneys for Defendants COLIN MASON, 22 STEVEN FORSYTH, KENNETH SHELTON, REID HARRIS 23

24 DATE: January 17, 2025 JDP.PC 25 By /s/ Jeff Dominic Price Jeff Dominic Price, Esq. 26 Attorneys for Plaintiff 27 28 1 CERTIFICATION RE AGREEMENT CONCERNING DOCUMENTS 2 COVERED BY PROTECTIVE ORDER 3 4 I hereby certify my understanding that Confidential Documents are being provided to me 5 pursuant to the terms and restrictions of the Protective Order dated (hereinafter 6 “Order”), in Shaw v. Mason et al., E.D. Cal. Case No. 2:16-cv-00729-TLN-CKD. 7 I have been given a copy of that Order and read it. 8 I agree to be bound by the Order. I will not reveal Confidential Documents to anyone, 9 except as allowed by the Order. I will maintain all such Confidential Documents – including 10 copies, notes, or other transcriptions made therefrom – in a secure matter to prevent unauthorized 11 access to it. Not later than thirty (30) days after the conclusion of this action, I shall either (a) 12 return such documents to counsel for the party or non-party who provided such information, or at 13 my election, (b) destroy such documents and certify in writing that the documents have been 14 destroyed. 15 I hereby consent to the jurisdiction of the Eastern District of California for the purpose of 16 enforcing the Order. 17 I declare under penalty of perjury that the foregoing is true and correct and that this 18 certificate is executed this day of , at , 19 . 20 21 By: 22 Address: 23 24 25 Phone: 26 27 28 23R 55IV GE oR ldA M H eE aW doI wT T W P aA y,U SL u iL teL P 1 70 STIPULATED PROTECTIVE ORDER; [PROPOSED] (916) 922-1200 ORDER THEREON 7 1 ORDER 2 Having reviewed the stipulation of the parties, is hereby ORDERED THAT: 3 1. The Stipulation is GRANTED; 4 2. Requests to seal documents shall be made by motion before the same judge who 5 will decide the matter related to that request to seal. 6 3. 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 4. A request to seal material must normally meet the high threshold of showing that 16 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially 17 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” 18 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana 19 v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 20 5. Nothing in this order shall limit the testimony of parties or non-parties, or the use 21 of certain documents, at any court hearing or trial – such determinations will only be made by the 22 court at the hearing or trial, or upon an appropriate motion. 23 6. The parties may not modify the terms of this Protective Order without the Court’s 24 approval. If the parties agree to a potential modification, they shall submit a stipulation and 25 proposed order for the Court’s consideration. 26 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over 27 enforcement of the terms of this Protective Order after the action is terminated. 28 8. Any provision in the parties’ stipulation that is in conflict with anything in this | || orderis-hereby DISAPPROVED. 2 IT IS SO ORDERED. Dated: January 22, 202! Card fle (g— CAROLYNK.DELANEY UNITED STATES MAGISTRATE JUDGE 3 4 5 g 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26