The Unitarian Universalist Church of Fresno v. Orth ( 2020 )


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  • 1 DANIEL C. CEDERBORG County Counsel – State Bar No. 124260 2 CATHERINE E. BASHAM Chief Deputy County Counsel – State Bar No. 128408 3 KATWYN T. DELAROSA Deputy County Counsel – State Bar No. 267157 4 REBEKAH A. EROPKIN Deputy County Counsel – State Bar No. 276416 5 FRESNO COUNTY COUNSEL 6 2220 Tulare Street, Suite 500 Fresno, California 93721 7 Telephone: (559) 600-3479 Facsimile: (559) 600-3480 8 Attorneys for Defendant 9 BRANDI L. ORTH, 10 Fresno County Clerk/Registrar of Voters 11 UNITED STATES DISTRICT COURT 12 FOR THE EASTERN DISTRICT OF CALIFORNIA 13 FRESNO DIVISION 14 15 THE UNITARIAN UNIVERSALIST Case No. 1:19-CV-00808-NONE-BAM 16 CHURCH OF FRESNO 17 Plaintiff, STIPULATED PROTECTIVE ORDER 18 RE DISCLOSURE OF COUNTY OF v. FRESNO PRECINCT OFFICER 19 PRIVATE INFORMATION BRANDI L. ORTH, Fresno County 20 Clerk/Registrar of Voters 21 Defendants. 22 23 24 IT IS HEREBY STIPULATED AND AGREED by and between legal counsel for 25 Fresno County and Defendant BRANDI L. ORTH and for Plaintiff, THE UNITARIAN 26 UNIVERSALIST CHURCH OF FRESNO (hereinafter collectively the “Parties”), that: 27 The Parties intend to seek information about the selection and use of polling 28 locations in Fresno County. Records or other information disclosed during discovery in 1 this case may contain the names, addresses, phone numbers and other personal 2 information concerning the Precinct Officers and/or Election Officers assigned to these 3 polling locations (hereinafter “Precinct Officers”). In the interest of maintaining the privacy 4 of the Precinct Officers, the Parties agree to the following restrictions regarding the use 5 of Precinct Officers’ identifying information: 6 1. Precinct Officers’ addresses and phone numbers (hereinafter “Personal 7 Information”) will not be shown or disclosed to any person or used in any fashion by any 8 party to this action except in connection with this judicial proceeding and as may be 9 directly necessary in the preparation for litigation and litigation of this action. 10 2. The parties shall make all reasonable efforts to avoid disclosure of Personal 11 Information of Precinct Officers including using redacted copies of records whenever 12 possible in this litigation to avoid the disclosure of Precinct Officers’ Personal Information 13 to the public. 14 3. Any records or information produced containing the Personal Information of 15 Precinct Officers shall be used solely in connection with the case of Unitarian Universalist 16 Church of Fresno v. Orth, case number 1:19-CV-00808-NONE-BAM, including 17 associated appellate proceedings and collateral review, and not for any other purpose. 18 4. This protective order/stipulation shall be applicable to the parties, and any 19 attorney, investigator, expert witness, agent, or other representative of either Party. 20 5. At the conclusion of this matter, all records containing Personal Information 21 or copies of such records shall be destroyed or returned to the respective Party’s counsel, 22 regardless of the outcome of the case. If said records are destroyed, notification of their 23 destruction is to be given to counsel for Defendant by counsel for Plaintiff. 24 6. This protective order/Stipulation shall be continuing in nature, and shall 25 apply whether the case is pending before a trial or appellate court. 26 // 27 // 28 // 1 Dated: March 19, 2020 /s/ Katwyn T. DeLaRosa KATWYN T. DELAROSA 2 Deputy County Counsel Attorneys for Defendant 3 BRANDI L. ORTH, County Clerk/Registrar of 4 Voters for the County of Fresno 5 Dated: March 19, 2020 /s/ Mollie Lee (as authorized on 3/19/20) 6 MOLLIE LEE 7 Attorneys for Plaintiff The Unitarian Universalist Church of Fresno 8 9 ORDER 10 The Court adopts the stipulated protective order submitted by the parties. The 11 parties are advised that pursuant to the Local Rules of the United States District Court, 12 Eastern District of California, any documents subject to this protective order to be filed 13 under seal must be accompanied by a written request which complies with Local Rule 14 141 prior to sealing. The party making a request to file documents under seal shall be 15 required to show good cause for documents attached to a non-dispositive motion or 16 compelling reasons for documents attached to a dispositive motion. Pintos v. Pacific 17 Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009). Within five (5) days of any 18 approved document filed under seal, the party shall file a redacted copy of the sealed 19 document. The redactions shall be narrowly tailored to protect only the information that 20 is confidential or was deemed confidential. Also, the parties shall consider resolving 21 any dispute arising under this protective order according to the Court’s informal 22 discovery dispute procedure. 23 IT IS SO ORDERED. 24 Dated: March 20, 2020 /s/ Barbara A. McAuliffe _ 25 UNITED STATES MAGISTRATE JUDGE 26 27 28

Document Info

Docket Number: 1:19-cv-00808

Filed Date: 3/20/2020

Precedential Status: Precedential

Modified Date: 6/19/2024