STIPULATED PROTECTIVE ORDER REGARDING DISCOVERY IN HALL v. COUNTY OF FRESNO

SHEILA K. OBERTO, Magistrate Judge.

Subject to the approval of this Court, the parties, defendants by and through counsel Carey Johnson and Michelle Pepper, and plaintiff through his counsel of record Robert Navarro and Carolyn Phillips, along with counsel for all parties in Hall et al., v. County of Fresno, et al., U.S. District Court, Case No.1:11-cv-2047 LJO, (Hall), defendants by and through Fresno County Counsel Daniel Cederborg and plaintiffs by and through their counsel Prison Law Office Senior Staff Attorney Alison Hardy, hereby stipulate to the following protective order regarding the Hall defendants' discovery responses containing confidential materials:

1) Notwithstanding protective orders in the Hall case (Doc. nos. 51 and 119 therein), which remain if full force and effect except as modified by this document, discovery responses, including those marked "CONFIDENTIAL," produced by defendants in Hall, et al. v. County of Fresno, et al., U.S. District Court Case No.1:11-cv-2047, including but not limited to written responses, documents, electronic materials, records and other materials,1 may be disclosed or made available only to the Court, to counsel for the parties in Hanna v. County of Fresno, Case No. 1:14-cv-00142, (including the paralegal, clerical, and secretarial staff employed by such counsel), and to the "qualified person" designated below:

a) Fresno County Risk Management on behalf of the Fresno County Board of Supervisors;

b) experts, consultants, psychologists, psychiatrists, or other health care professionals retained by such counsel to assist in the prosecution, defense, or settlement of this action;

c) court reporter(s) employed in this action;

d) a witness at any deposition or other proceeding in this action; and

e) any other person as to whom the parties in writing agree.

2) Each "qualified person" to whom disclosure of the confidential material is made shall prior to the time of disclosure be provided by the person furnishing such materials a copy of this Order, and shall execute a nondisclosure agreement in the form of Attachment A, to be maintained by counsel.

3) Depositions shall be taken only in the presence of qualified persons.

4) If any medical and psychiatric records, subject to this protective order, are included in any papers to be filed in Court, such papers shall be labeled "Confidential-Subject to Court Order" and filed under seal until further order of this Court.

5) In the event that any of the above-described confidential material is used in any court proceeding in this action, it shall not lose its confidential status through such use, and the party using such shall take all reasonable steps to maintain its confidentiality during such use.

6) Nothing in this Order nor the production of any information or document under the terms of this Order nor any proceedings pursuant to this Order shall be deemed to have the effect of an admission or waiver by any party or of altering the confidentiality or noncomfidentiality of any such document or information or altering any existing obligation of any party or the absence thereof.

7) Upon termination of this case, counsel for the parties in Hanna shall assemble all protected records, all deposition transcripts, and all copies of same, and destroy these documents. Each party shall certify the destruction thereof.

IT IS SO STIPULATED.

ORDER

Pursuant to Rule 141.1 of the Local Rules of the United States District Court, Eastern District of California, the parties' Stipulated Protective Order Regarding Discovery in Hall et al., v. County of Fresno, et al., U.S. District Court, Case No.1:11-cv-2047-LJO-BAM, is hereby approved.

IT IS SO ORDERED.

ATTACHMENT A

I, _____________________, have read the Protective Order in Hanna v. County of Fresno, Case No. 1:14-cv-00142-LJO-SKO). I understand and agree to be bound by and abide by its terms. I agree that all information provided to me in this matter is to be treated as confidential. I further consent to be subject to the jurisdiction of the United States District Court for the Eastern District of California for the purposes of any proceeding relating to the enforcement of this Order, including, without limitation, any proceeding for contempt.