Doe v. County of Sacramento ( 2023 )

||PORTER SCOTT 2 A PROFESSIONAL CORPORATION John R. Whitefleet, SBN 213301 3 2180 Harvard Street, Suite 500 Sacramento, California 95815 4 TEL: 916.929.1481 FAX: 916.927.3706 5 Attorneys for Defendants COUNTY OF SACRAMENTO, SACRAMENTO COUNTY 6 || SHERIFF’S DEPARTMENT, and DARRYL RODERICK 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 MARIA DOE, a fictitious name; CLARA CASE NO. 2:21-cv-01438-MCE-CKD 10 || DOE, a fictitious name, and “I.D.” a fictitious name, by and through her next STIPULATION TO MODIFY friend, MARIA DOE, PROTECTIVE ORDER 12 Plaintiffs, Hon. Carolyn K. Delaney 13 14 15 || COUNTY OF SACRAMENTO; SACRAMENTO COUNTY SHERIFF’S 16 |) OFFICE; DARRYL RODERICK; 17 JAGDEEP SINGH; individually and as administrator of the estate of Sushma Giri; 18 || V & N ASSOCIATES, LLC and ALIDA ESTRADA, 19 20 Defendants. 21 Plaintiffs and Defendants County of Sacramento, Sacramento County Sheriffs Office, and 22 Darryl Roderick and Defendants Estate of Sushma Giri and Jageep Singh, jointly submit the 23 following stipulation to modify the Protective Order (ECF No. 38) entered in this action. 24 Disclosure and discovery activity in this action has revealed such may involve production of 2 confidential, proprietary, or private information for which special protection from public disclosure and 26 from use for any purpose other than prosecuting this litigation may be warranted, including but not 27 limited to: third party dates of birth, contact information, and confidential investigative materials related 28 to third party criminal reports that may involve domestic violence and other sensitive crimes or would Oo STIPULATION TO MODIFY ORDER 1 other implicate the official information privilege including ongoing crimes. See Kelly v. City of San 2 Jose, 114 F.R.D. 653, 661 (1987) (indicating that the official information privilege should protect, e.g., 3 names of confidential informants in on-going criminal investigations). 4 Accordingly, the parties seek to modify the Protective Order (ECF No. 38) entered into this 5 case as follows: 6 Addendum to Protective Order 7 1. Designating Party: a Party may designate information or items that it produces in disclosures or 8 in responses to discovery as “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” 9 2. “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” Information or Items is defined 10 as: extremely sensitive “Confidential Documents,” disclosure of which to another Party would create a 11 substantial risk of serious harm that could not be avoided by less restrictive means, including but not 12 limited to third party dates of birth, names contact information, and confidential investigative materials 13 related to third party criminal reports that may involve domestic violence and other sensitive crimes or 14 would other implicate the official information privilege due to ongoing criminal investigations or 15 prosecutions therefrom. See Kelly v. City of San Jose, 114 F.R.D. 653, 661 (1987) (indicating that the 16 official information privilege should protect, e.g., names of confidential informants in on-going criminal 17 investigations). 18 3. The definition of “Confidential Documents” at Paragraph A2 shall include those designed as 19 “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” 20 4. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or 21 Items. Unless otherwise ordered by the court or permitted in writing by a Designating Party, a Receiving 22 Party may disclose any information or item designated “HIGHLY CONFIDENTIAL—ATTORNEYS’ 23 EYES ONLY” only to: 24 (a) the Receiving Party’s Counsel of Record in this action, as well as employees of said Counsel of 25 Record to whom it is reasonably necessary to disclose the information for this litigation and who have 26 signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 27 /// 28 /// 1 || ITIS SO STIPULATED. 2 3 Respectfully submitted, 4 || Dated: September 25, 2023 PORTER SCOTT 5 A PROFESSIONAL CORPORATION 6 By /s/John R. Whitefleet John R. Whitefleet 7 Attorneys for Defendants County of Sacramento, 8 Sacramento County Sheriff's Office, and Darryl Roderick 9 Dated: September 25, 2023 CALIFORNIA RURAL LEGAL ASSISTANCE 10 FOUNDATION 1] 12 /s/Ezra Kautz (auth’d on 9/20/23) Ezra Kautz 13 Attorneys for Plaintiffs 14 Dated: September 25, 2023 BREMER WHYTE BROWN & O’MEARA LLP 15 16 /s/Julie Young (auth’d on 9/18/23) 17 Attorneys for Defendants Jagdeep Singh the Estate of Sushma Giri 18 19 ORDER 20 Pursuant to the above stipulation, and good cause appearing it is so ORDERED. 21 = . 7 1 ty j ' f Dated: September 25, 2023 (ard AU. ia ( a — 23 CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 doe21cev1438.stip.mod Oo STIPULATION TO MODIFY ORDER 1 EXHIBIT A 2 Doe et al v County of Sacramento et al, 3 USDC EDCA Case No. 21-cv-01438 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 5 I, ___________________________ [print or type full name], of ____________________ [print or 6 type full address], declare under penalty of perjury that I have read in its entirety and understand the 7 Stipulated Protective Order and Addendum thereto that was issued by the United States District Court 8 for the Eastern District of California, ECF No. 38 and ECF No. ______ in the case in the above 9 matter. 10 I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I 11 understand and acknowledge that failure to so comply could expose me to sanctions and punishment in 12 the nature of contempt. I solemnly promise that I will not disclose in any manner any information or 13 item that is subject to this Stipulated Protective Order and Addendum thereto to any person or entity 14 except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the Eastern District 16 of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such 17 enforcement proceedings occur after termination of this action. 18 I hereby appoint __________________________ [print or type full name] of 19 _______________________________________ [print or type full address and telephone number] as 20 my California agent for service of process in connection with this action or any proceedings related to 21 enforcement of this Stipulated Protective Order. 22 Date: ____________________________ 23 City and State where sworn and signed: ____________________________ 24 Printed name: ____________________________ 25 Signature: _______________________________ 26 27 28