GISPANSKI v. BRAZELTON, EDCV 13-02284-MWF-MRW. (2016)
Court: District Court, C.D. California
Number: infdco20160907877
Visitors: 4
Filed: Sep. 02, 2016
Latest Update: Sep. 02, 2016
Summary: STIPULATED AGREEMENT AND [PROPOSED] PROTECTIVE ORDER REGARDING RELEASE OF SUBPOENAED DOCUMENTS MICHAEL R. WILNER , Magistrate Judge . NOW COMES the DISTRICT ATTORNEY OF RIVERSIDE COUNTY andlor his agent(s), employee(s)or authorized representative(s), and Petitioner KYLE DION GISPANSKI by and though his attorney(s), and Respondent P.D. BRAZELTON ,Band/or his successors, by and through his attorney(s) hereby stipulate and agree to the following facts, amendments, and orders by the
Summary: STIPULATED AGREEMENT AND [PROPOSED] PROTECTIVE ORDER REGARDING RELEASE OF SUBPOENAED DOCUMENTS MICHAEL R. WILNER , Magistrate Judge . NOW COMES the DISTRICT ATTORNEY OF RIVERSIDE COUNTY andlor his agent(s), employee(s)or authorized representative(s), and Petitioner KYLE DION GISPANSKI by and though his attorney(s), and Respondent P.D. BRAZELTON ,Band/or his successors, by and through his attorney(s) hereby stipulate and agree to the following facts, amendments, and orders by the C..
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STIPULATED AGREEMENT AND [PROPOSED] PROTECTIVE ORDER REGARDING RELEASE OF SUBPOENAED DOCUMENTS
MICHAEL R. WILNER, Magistrate Judge.
NOW COMES the DISTRICT ATTORNEY OF RIVERSIDE COUNTY andlor his agent(s), employee(s)or authorized representative(s), and Petitioner KYLE DION GISPANSKI by and though his attorney(s), and Respondent P.D. BRAZELTON,Band/or his successors, by and through his attorney(s) hereby stipulate and agree to the following facts, amendments, and orders by the Court in the above-captioned matter:
1. On September 8, 2016, Petitioner Gispanki's attorney(s) severd via e-mail upon the Riverside County District Attorney's Office a "Subpoena to Produce Documents, Information, or Objects or to Pernut Inspection ofPremises in a Civil Action"(hereinafter "the subpoena"). The return date on the subpoena was listed as August 30, 2016, at 5 p.m., which was later extended by agreement to September 2,2016, at noon. The subpoena requested the following:"Any and all documents, records, and files relating to the Riverside County District Attorney's Office's plea-bargaining policy in effect in January 2008-May 2008, including but not limited to: notes, memoranda, and emails discussing what authority deputy district attorneys had to offer pleas; how and when plea offers should be communicated to defense counsel; and whether offers authorized by supervising deputy district attorneys had to be communicated to defense counsel."
2. It is hereby agreed to by Petitioner, Respondent, and the Riverside County District Attorney, and so ordered by the Court, that no attorney, nor any member of Petitioner Gispanski's litigation team in this case, disclose, distribute, disseminate or reproduce, or pernut to be disclosed, distributed, disseminated, or reproduced, any information contained within the documents listed below, that were provided to Petitioner Gispanski's attorney(s) by the Riverside County District Attorney's Office in response to the subpoena, to anyone outside of Petitioner Gispanski's litigation team in this case, unless specifically pernutted to do so by the Court after a hearing and a showing of good cause. It is further agreed and so ordered by the Court that no attorney nor any member ofPetitioner Gispanski's litigation team may disclose, distribute, disseminate, or reproduce, or permit to be disclosed, distributed, disseminated, or reproduced any of the information contained within the subpoenaed documents to Petitioner Gispanski himself, given the confidentiality ofthe documents and the potential risks involved in disclosing such information to criminal defendant(s) or any member ofthe public at large.
3. This agreement and protective order does not preclude any attorney or any member of Petitioner's litigation team from disclosing the subpoenaed documents to any attorney or any member of Respondent's litigation team in this case. However, if such documents or any portioi thereof are disclosed to any attorney or member of Respondent's litigation team, it is hereby agreed to by Petitioner, Respondent, and the Riverside County District Attorney, and so ordered by the Court, that no attorney nor any member of Respondent's litigation team, disclose, distribute, disseminate or reproduce, or permit to be disclosed, distributed, disseminated, or reproduced, any information contained within the documents listed below, that were provided to Petitioner's attorney(s) by the Riverside County District Attorney's Office in response to the subpoena, to anyone outside of Respondent's litigation team in this case, unless specifically permitted to do so by the court after a hearing and a showing of good cause. It is futher agreed and so ordered by the Court that no attorney nor any member of Respondent's litigation team may disclose, distribute, disseminate, or reproduce, or pernut to be disclosed, distributed, disseminated, or reproduced any ofthe information contained within the subpoenaed documents to Petitioner Gispanski himself, given the confidentiality ofthe documents and the potential risk involved in disclosing such information to criminal defendant(s) or any member of the public at large.
4. Furthermore, this agreement and protective order does not limit Petitioner's or Respondent's ability to seek admission of such documents at the evidentiary hearing in this case currently scheduled for September 13 and 14,2016, or at any later court proceeding, nor does it limit this Court or any other court's ability to admit such documents into evidence. However, the Riverside County District Attorney, Petitioner, and Respondent further agree that if either Petitioner or Respondent move to admit such documents in Court or any portion thereof, any party to this agreement may request that the Court issue a sealing order for the document(s) and no party to this agreement will object to such a request for a sealing order.
5. This agreement and protective order applies to the following documents, which will be disclosed to Plaintiff Gispanski's attorneys via email by September 2, 2016, at noon:
• Case Settlement Policies (redacted to include only those portions responsive to the subpoena), consisting of 16-pages.
Source: Leagle
