(DP) Danks v. Martel ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH MARTIN DANKS, Case No. 1:11-cv-00223-JLT 12 Petitioner, DEATH PENALTY CASE 13 v. STIPULATED PROTECTIVE ORDER 14 RON BROOMFIELD, Warden of California State Prison at San Quentin, 15 Respondent.1 16 17 Petitioner JOSEPH MARTIN DANKS and Respondent RON BLOOMFIELD, as 18 Warden of the California State Prison at San Quentin, by and through their counsel of record, 19 stipulate that a protective order may be entered by the Court as follows (see Doc. 87): 20 The parties agree that, to adequately litigate claims in the operative 28 U.S.C. § 2254 21 habeas corpus petition (Doc. 28), Respondent requires access to certain documents filed under 22 seal in state court which are pending a sealing request in this proceeding (Doc. 86), viz. 23 portions of sealed state Reporter’s Transcripts which intrude upon matters heretofore protected 24 by the attorney-client and attorney work product privileges. These Transcripts relate to state 25 court proceedings conducted pursuant to People v. Marsden, 2 Cal. 3d 118 (1970), on the 26 following dates: (1) July 7, 1992, (2) November 10, 1992, (3) January 22, 1993, and (4) 27 1 Pursuant to the Federal Rules of Civil Procedure, Rule 25(d), Ron Broomfield, Warden of San Quentin State Prison, shall be substituted as Respondent in place of his predecessor wardens. 1 | February 1, 1993. 2 The parties agree that pursuant to Bittaker v. Woodford, 331 F.3d 715, 720 (9th Cir. 3 | 2003), Petitioner has waived his attorney-client and work product privileges with respect to 4 | these sealed Transcripts to afford Respondent the ability to prepare his answer to the petition. 5 The parties agree to the issuance of a protective order pursuant to Bittaker, 331 F.3d at 6 | 717 n.1 and Lambright v. Ryan, 698 F.3d 808 (9th Cir. 2012) limiting use and/or distribution of 7 | the sealed Transcripts. Thus, the Court ORDERS: 8 For purposes of the preparation of Respondent’s answer to the petition, the sealed 9 | Reporter’s Transcripts (dated July 7, 1992; November 10, 1992; January 22, 1993; and 10 | February 1, 1993) of proceedings conducted pursuant to Marsden, upon lodging under seal in 11 | this proceeding, may be used only by representatives from the Office of the California 12 | Attorney General, any representative of the Attorney General and any expert retained by the 13 | Attorney General’s Office in this federal habeas proceeding. If a representative of the Attorney 14 | General’s Office provides the sealed Reporter’s Transcripts to an expert as authorized above, 15 | the Attorney General’s Office shall inform the expert of this protective order and the expert’s 16 | obligation to keep the Transcripts confidential. 17 This order shall continue in effect after the conclusion of the habeas corpus proceedings 18 | and specifically shall apply in the event of a retrial of all or any portion of Petitioner’s criminal 19 | case, except that either party maintains the right to request modification or vacation of this 20 | order upon entry of final judgment in this matter. 21 IT IS SO ORDERED. Dated: __June 30, 2023 ears [Tourn TED STATES DISTRICT JUDGE 24 25 26 27 28