Elawyers Elawyers
Washington| Change

Kozacenko v. Murrill, 2:12-cv-2196 MCE DAD. (2014)

Court: District Court, E.D. California Number: infdco20140630a19 Visitors: 6
Filed: Jun. 27, 2014
Latest Update: Jun. 27, 2014
Summary: STIPULATION AND PROTECTIVE ORDER DALE A. DROZD, Magistrate Judge. Upon joint motion of the parties, this Court, having been duly advised, hereby ORDERS that: 1. In accordance with the terms of this Order pursuant to 5 U.S.C. 552a (b)(11), the Federal Bureau of Investigation (FBI), in response to a subpoena duly issued pursuant to a the provisions of Rule 45 of the Federal Rules of Civil Procedure and to the regulations set forth at 28 C.F.R. 16.21, et seq., may disclose to the parties rec
More

STIPULATION AND PROTECTIVE ORDER

DALE A. DROZD, Magistrate Judge.

Upon joint motion of the parties, this Court, having been duly advised, hereby ORDERS that:

1. In accordance with the terms of this Order pursuant to 5 U.S.C. § 552a (b)(11), the Federal Bureau of Investigation (FBI), in response to a subpoena duly issued pursuant to a the provisions of Rule 45 of the Federal Rules of Civil Procedure and to the regulations set forth at 28 C.F.R. § 16.21, et seq., may disclose to the parties records which, in whole or in part, are otherwise subject to the Privacy Act of 1974, 5 U.S.C. § 552a, and which contain information within the proper scope of discovery under Fed. R. Civ. P. 26.

2. The FBI shall have the right to designate as subject to this Protective Order any document or other item responsive to the subpoena and which is a record subject to the Privacy Act or which contains or refers or relates to records which are subject to the Privacy Act.

3. Such documents or other tangible items must be designated as subject to this Protective Order by conspicuously stamping the phrase "SUBJECT TO A PROTECTIVE ORDER" on each page or, in the case of other tangible items, by notifying the Plaintiff in writing.

4. Information designated as SUBJECT TO A PROTECTIVE ORDER shall not be disclosed or disseminated to anyone, except:

(a) A party, counsel for any party and the employees of such counsel to whom it is necessary that the information be disclosed for purposes of preparation for and litigation of this action; (b) Any expert engaged by a party for the purpose of assisting in the preparation of this litigation; (c) Any person who was involved in the preparation of the document or information; (d) The Court, the jury and court personnel, court reporters and persons engaged to make copies, provided that all SUBJECT TO A PROTECTIVE ORDER information filed with the Clerk of Court shall be filed under seal and shall be released only upon agreement among all parties, or pursuant to the terms of this Order, or by order of the Court; (e) Any other person, entity, or firm with the prior written consent of the parties.

5. Each person to whom SUBJECT TO A PROTECTIVE ORDER information will be disseminated (other than the parties, attorneys for the parties, and the attorneys' employees, the Court, the jury, court personnel, and court reporters) will be required, prior to any such dissemination, to receive and read a copy of this PROTECTIVE ORDER and to agree, in writing, to be bound by the terms of this Order and personally subject to the jurisdiction of this Court for the purposes of enforcement hereof in the form attached hereto as Exhibit A. Counsel for any party receiving SUBJECT TO A PROTECTIVE ORDER information and disseminating same shall maintain a list of all such persons along with the written agreement of each person, and shall provide copies of such written agreements upon request to other parties at any time.

6. When any SUBJECT TO A PROTECTIVE ORDER information, documents, discovery responses, portions of transcripts or any other pleadings or papers disclosing or referring to such SUBJECT TO A PROTECTIVE ORDER information are used in connection with any motion or pretrial hearing, or are otherwise submitted to the Court, they shall be filed under seal and marked as follows:

CONFIDENTIAL/SUBJECT TO A PROTECTIVE ORDER: This envelope contains documents that are subject to a protective order of this Court. The contents are not to be revealed to anyone except the Court, or with the prior written consent of the parties herein, or pursuant to any order of this Court. If the contents are thus revealed, they shall thereafter be resealed.

7. Within thirty (30) days of the close of this litigation for any reason, each party shall retrieve all copies of materials marked SUBJECT TO A PROTECTIVE ORDER from his or its own files, and from experts or other persons to whom he or it has provided such materials consistent with this Order, and shall do one of the following: (1) return to the FBI all such materials, including all copies thereof, or (2) certify in writing to the FBI that all such materials produced by such other party during this action have been destroyed. All information protected by this Order which has been placed in any electronic data bank shall be completely erased, and any documents listing or summarizing information protected by this Order shall be destroyed within the same period.

8. Entry of this Order shall not, in and of itself, prejudice any contention of any party upon any motion, nor shall this Order and any consent hereto constitute a waiver of any right to seek relief from the Court from any and all of the provisions hereof or other modifications of the terms hereof. This Order shall not limit any party's right to seek judicial review or to seek further and additional protection against or limitation upon production or dissemination of information and documents or their contents.

9. Nothing herein shall be construed to preclude or limit the presence of any individual at any hearing in or the trial or this action.

10. This order constitutes a limited authorization to the FBI and its agents and employees to disclose Privacy Act protected records pursuant to 5 U.S.C. § 552a (b)(11). In making the limited disclosure set forth herein, the FBI and its agents and employees are hereby relieved of any penalties to which they may otherwise be subjected pursuant to 5 U.S.C. § 552a (g).

EXHIBIT A TO PROTECTIVE ORDER

I hereby certify that I have read the PROTECTIVE ORDER entered in the above captioned litigation. I hereby agree to be bound by the terms of the PROTECTIVE ORDER and to submit personally to the jurisdiction of the United States District Court for the District of Columbia for purposes of enforcing my agreement to be bound by the terms of the PROTECTIVE ORDER.

Dated: 6/24/2014 THE LAW OFFICES OF STEWART KATZ /s/Stewart Katz STEWART KATZ Attorneys for Plaintiff Olegs Kozacenko Dated: 6/24/2014 KAMALA D. HARRIS Attorney General of California PETER A. MESHOT Supervising Deputy Attorney General /s/Alberto L. González ALBERTO L. GONZÁLEZ Attorneys for Defendants California Highway Patrol Officer Andrew Murrill and California Highway Patrol Officer J. Sherman California Highway Patrol Sergeant Kevin Pierce; California Highway Patrol Lieutenant John Arrabit; California Patrol Assistant Chief Kenneth Hill; and California Highway Patrol Commander Chief Stephen Lerwill

ORDER

Pursuant to the parties' stipulation, IT IS SO ORDERED.1

FootNotes


1. Normally the undersigned would not authorize the entering of a stipulated protective order that granted blanket authority for the sealing of any documents. Here, however, because the discovery at issue is finite and the terms of the protective order were provided to the parties by the FBI, so that the FBI may release to the parties documents otherwise protected by the Privacy Act of 1974, 5 U.S.C. § 552a, the undersigned will allow such an order in this instance. See generally Laxalt v. McClatchy, 809 F.2d 885, 889, 258(C.A. D.C. 1987) ("Where the records sought are subject to the Privacy Act, the District Court's supervisory responsibilities may in many cases be weightier than in the usual discovery context.").
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer