PROTECTIVE ORDER RE CONTROL AND USE OF CONFIDENTIAL PEACE OFFICER RECORDS

SHERI PYM, Magistrate Judge.

IT IS HEREBY STIPULATED by and between counsel of record for the parties that this Court issue a Protective Order regarding various information and discovery materials in the above-captioned case.

This case involves plaintiff Thomas Mackey ("Mackey")'s claim of excessive force against defendant deputies Gabriel Padilla and Doug Wolfe (together, "Defendants"). Mackey's action arises from his arrest in San Bernardino County by officers of the San Bernardino County Sheriff's Department pursuant to a murder warrant issued out of Kansas City, Kansas.

Mackey has sought, by way of written discovery, certain confidential information and records, which by Court Order of December 19, 2013, are to be produced under a protective order. To prevent disclosure of confidential information and records, the parties propose the following protective order.

1. Documents and information ordered disclosed by Magistrate Judge Sheri Pym on December 19, 2013, pursuant to this protective order, including discovery responses, may be designated by page numbers 1 to ___. Each document page shall be marked as follows: "Confidential Material."

2. Other than the Court (including court reporters, stenographic reporters and videographers, and court personnel), the "Confidential Material" (hereafter "Material") may be disclosed to counsel in this action and their staff, who will be made aware of this protective order. The material may not be disclosed to Mackey or to any other person without the prior written stipulation of Defendants or authorization from the Court.

3. The material shall be used solely in connection with this litigation in the preparation and trial of this case, and not for any other litigation. To the extent material that is a subject matter of this protective order is disclosed at any deposition in this matter, it is subject to the terms of this protective order. To the extent Mackey's counsel seeks to use the material at trial or public hearing in this action, it shall be filed under seal, unless Defendants' counsel agrees otherwise.

4. At the conclusion of the trial and of any appeal, or upon other termination of this litigation, all material governed by the provisions of this order (including any copies) shall all be returned to counsel for Defendants.

5. The foregoing is without prejudice to the right of any parties:

a) to apply to the Court for a further protective order relating to any confidential material, or relating to discovery in this litigation;

b) to apply to the Court for an order removing the "Confidential Material" designation from the document;

c) to apply to the Court for an order compelling production of documents or modification of this order or for any order permitting disclosure of confidential material beyond the terms of this order.

ORDER

This Protective Order is granted as proposed by the parties, except for the following modification, and the materials designated herein shall be subject to all its terms and conditions. The last sentence of numbered paragraph 3 as proposed by the parties is deleted and replaced with the following sentences: To the extent Mackey's counsel seeks to use the Material at a public hearing or in connection with a motion filed in this action, counsel shall apply to file it under seal in accordance with Local Rule 79-5.1, unless Defendants' counsel agrees otherwise. Procedures for the use of the Material at trial must be taken up with the trial judge.