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1 XAVIER BECERRA
Attomey General of Califomia
2 KRISTIN M . DAILY
Supervising Deputy Attomey General
3 JAMES F. CURRAN
Deputy Attomey General
4 StateBar No. 142041
1300 I Street, Suite 125
5 P.O. Box 944255
Sacramento, GA 94244-2550
6 Telephone: (916)210-6113
Fax: (916)324-5567
7 E-mail: James.Curran@doj.ca.gov
Attorneys for Defendant
8 Califorma Highway Patrol
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SACRAMENTO
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DAVID RIDGE, Case No. 34-2019-00265393
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Plaintiff, STIPULATED PROTECTIVE ORDER
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v. (Revised to conform with Calif. Rules of
16 Court 2.550,2.551)
17 THE CALIFORNIA HIGHWAY PATROL;
and DOES 1-100, inclusive,
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Defendants.
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20 Action Filed: September 23, 2019
21 Subject to the approval of this Court, the parties hereby stipulate to the following protective
22 order:
23 1. In connection with discovery proceedings in this action, the parties hereby designate
24 specified documents as "Confidential - Subject to Protective Order" under the terms of this
25 Stipulated Protective Order (hereinafter "Order").
26 2. The documents eligible for protection under this order include:
27 A. Any Califomia Highway Patrol policy manuals or excerpts from such manuals,
28 including, without limitation, the CHP Uniform Policy Manual or excerpts therefrom.
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Stipulated Protective Order (34-2019-00265393)
1 B. By agreement of the parties, other documents not falling within the above
2 categories may be designated as "Confidential - Subject to Protective Order" and subject to the
3 terms of this Agreement.
4 3. By designating documents as "Confidential - Subject to Protective Order" under the
5 ternis of this Order, the party making the designation is certifying to the Court that there is a good
6 faith basis both in law and in fact for the designation.
7 4. Documents produced by a party shall be designated by the party as "Confidential -
8 Subject to Protective Order" by stamping copies of the documents with those words.
9 5. Documents designated as "Confidential - Subject to Protective Order" under this
10 Order (hereinafter, "Confidential Material"), the information contained therein, and any
11 summaries, copies, abstracts, or other documents derived in whole or in part from material
12 designated as confidential shall be used only for the purpose of this action, and for no other
13 purpose. Disclosure of Confidential Material shall be presumed to have been inadvertent. No
14 sanction or punishment shall follow except by a showing of a bad faith intentional disclosure.
15 6. Confidential Material produced pursuant to this Order may be disclosed or made
16 available only to: (1) the parties; (2) counsel for a party (including the paralegal, clerical, and
17 secretarial staff employed by such counsel and independent office services vendors hired by such
18 counsel); (3) the court and its personnel; (4) court reporters and their staff, professional jury or
19 trial consultants, jurors, mock jurors, and professional vendors to whom disclosure is reasonably
20 necessary for this litigation; (5) during their depositions and at trial, witnesses in the action to
21 whom disclosure is reasonably necessary; and (6) the author or recipient of a document
22 containing the information. Confidential Material may be provided to any expert retained for
23 consultation and/or trial. In the event that Confidential Material is given to an expert, counsel
24 that retained the expert shall provide a copy of this Order with the Confidential Material. In the
25 event that Confidential Material is given to a person identified in section (4) or (5), said person
26 shall be provided a copy of this Order with the Confidential Material. To the extent that any
27 document describes a criminal act, this Order shall not be used to prevent disclosure to any
28 relevant law enforcement or investigatory agency.
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Stipulated Protective Order (34-2019-00265393)
1 7. Nothing in this Order shall in any way limit or prevent Confidential Material from
2 being used in any deposition or other proceeding in this action. In the event that any Confidential
3 Material is used in any deposition or other proceeding in this action, it shall not lose its
4 confidential status through such use. The party designated the material as "CONFIDENTIAL"
5 may request that the portion of the deposition transcript containing the confidential material be
6 sealed and separately bound.
7 8. This Order is entered for the purpose of facilitating the exchange of documents
8 between the parties to this action without involving the Court unnecessarily in the process.
9 Nothing in this Order, or the production of any document under the terras of this Order,
10 shall be deemed to have the effect of an admission or waiver by either party or of altering
11 the confidentiality or non-confidentiality of any such document.
12 9. If a party would like .to use Confidential Material in courtfilings,at least seven days'
13 notice shall be given to all parties. All parties shall comply with the requirements of Califomia
14 Rules of Court (hereinafter "CRC"), mles 2.550 and 2.551, conceming procedures for filing
15 records under seal. A record must not be filed under seal without a court order following a
16 motion or application, brought pursuant to CRC 2.551(b)(1) and (2), accompanied by a
17 memorandum and declaration containing facts sufficient to justify the sealing. In lieu of filing
18 such a motion or application, the parties may agree to redact identifying information relating to
19 any third party, or any sensitive information relating to a party. A party thatfilesor intends to file
20 with the court records that are subject to this protective order and does not intend to request to
21 have such documents sealed must comply with the provisions of CRC 2.551(b)(3). A record filed
22 publicly in the court must not disclose material contained in a record that is sealed, conditionally
23 under seal, or subject to a pending motion or application to seal.
24 10. Nothing in this Order shall in and of itself require disclosure of information that is
25 protected by the attomey-client privilege, work-product doctrine, or any other privilege, doctrine,
26 or immunity, nor does anything in this Order result in any party giving up itsrightto argue that
27 otherwise privileged documents must be produced due to waiver or for any other reason.
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Stipulated Protective Order (34-2019-00265393)
1 11. This Order shall survive thefinaltermination of this action, to the extent that the
2 Confidential Material is not or does not become known to the public, and the Court shall
3 retain jurisdiction to resolve any dispute conceming the use of the information disclosed
4 hereunder. Cotmsel for the parties shall destroy all Confidential Material in their possession,
5 custody, or control within 180 (one hundred eighty) days of fmal termination ofthis action, which
6 shall be deemed to occur only whenfinaljudgment has been entered and all appeals have been
7 exhausted, or notice of dismissal of all claims with prejudice has been served on all parties.
8 12. Any party may challenge a designation of confidentiality at any time by sending
9 written notice to the designating party. Unless a prompt challenge to a designating party's
10 confidentiality designation is necessary to avoid foreseeable, substantial imfaimess, tmnecessary
11 economic burdens, or a significant disruption or delay of the litigation, a party does not waive its
12 right to challenge a confidentiality designation by electing not to mount a challenge promptly
13 after the original designation is disclosed. When a party challenges the designation of a
14 document, the parties should meet and confer before seeking the intervention of this Court. If the
15 parties cannot informally resolve the dispute, the following provisions apply: Within 21 calendar
16 days of the aforementioned written notice, the party designating material as confidential must
17 either (a) agree to remove that designation or (b) file a motion with the Court to uphold that
18 designation. The designating party shall bear the burden of demonstrating the need for
19 confidentiality.
20 IT IS SO STIPULATED.
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Stipulated Protective Order (34-2019-00265393)
Dated: August / I , 2020
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3 Jo|{n P. Briscoe
Rachael Allgaier
4 Attorneys for Plaintiff David Ridge
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6 Dated: August 18, 2020
arnes V. CUITEUI,
7 Deputy Attomey General
Office of the Atlorney General
8 Attorneys for Defendant
Califomia Highway Patrol
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IT IS SO ORDERED.
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Date Judge ofthe Superior Court
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Stipulated Protective Order (34-2019-00265393)
DECLARATION OF SERVICE BY U.S. MAIL
Case Name: David Ridge v. CHP
No.: 34-2019-00265393
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the
Califorma State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter. I am familiar with the business practice at the Office of the
Attomey General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system at the Office of the Attorney General is deposited with the United States
Postal Service with postage thereon fully prepaid that same day in the ordinary course of
business.
On August 20. 2020.1 served the attached PROPOSED STIPULATED PROTECTIVE
ORDER by placing a true copy thereof enclosed in a sealed envelope in the internal mail
collection system at the Office of the Attorney General at 1300 I Street, Suite 125, P.O. Box
944255, Sacramento, CA 94244-2550, addressed as follows:
Nicholas F. Scardigli
John P. Briscoe
Rachael Allgaier
Mayall Huriey P.C.
2453 Grand Canal Boulevard
Stockton, California 95207
I declare under penalty of perjury under the laws of the State of California and the United^'tates
of America the foregoing is true and correct and that this declaration was executed on^Xugust 20,
2020, at Sacramento, California.
Christopher R. Irby Cl
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1 XAVIER BECERRA Attomey General of Califomia 2 KRISTIN M . DAILY Supervising Deputy Attomey General 3 JAMES F. CURRAN Deputy Attomey General 4 StateBar No. 142041 1300 I Street, Suite 125 5 P.O. Box 944255 Sacramento, GA 94244-2550 6 Telephone: (916)210-6113 Fax: (916)324-5567 7 E-mail: James.Curran@doj.ca.gov Attorneys for Defendant 8 Califorma Highway Patrol 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 13 DAVID RIDGE, Case No. 34-2019-00265393 14 Plaintiff, STIPULATED PROTECTIVE ORDER 15 v. (Revised to conform with Calif. Rules of 16 Court 2.550,2.551) 17 THE CALIFORNIA HIGHWAY PATROL; and DOES 1-100, inclusive, 18 Defendants. 19 20 Action Filed: September 23, 2019 21 Subject to the approval of this Court, the parties hereby stipulate to the following protective 22 order: 23 1. In connection with discovery proceedings in this action, the parties hereby designate 24 specified documents as "Confidential - Subject to Protective Order" under the terms of this 25 Stipulated Protective Order (hereinafter "Order"). 26 2. The documents eligible for protection under this order include: 27 A. Any Califomia Highway Patrol policy manuals or excerpts from such manuals, 28 including, without limitation, the CHP Uniform Policy Manual or excerpts therefrom. 1 Stipulated Protective Order (34-2019-00265393) 1 B. By agreement of the parties, other documents not falling within the above 2 categories may be designated as "Confidential - Subject to Protective Order" and subject to the 3 terms of this Agreement. 4 3. By designating documents as "Confidential - Subject to Protective Order" under the 5 ternis of this Order, the party making the designation is certifying to the Court that there is a good 6 faith basis both in law and in fact for the designation. 7 4. Documents produced by a party shall be designated by the party as "Confidential - 8 Subject to Protective Order" by stamping copies of the documents with those words. 9 5. Documents designated as "Confidential - Subject to Protective Order" under this 10 Order (hereinafter, "Confidential Material"), the information contained therein, and any 11 summaries, copies, abstracts, or other documents derived in whole or in part from material 12 designated as confidential shall be used only for the purpose of this action, and for no other 13 purpose. Disclosure of Confidential Material shall be presumed to have been inadvertent. No 14 sanction or punishment shall follow except by a showing of a bad faith intentional disclosure. 15 6. Confidential Material produced pursuant to this Order may be disclosed or made 16 available only to: (1) the parties; (2) counsel for a party (including the paralegal, clerical, and 17 secretarial staff employed by such counsel and independent office services vendors hired by such 18 counsel); (3) the court and its personnel; (4) court reporters and their staff, professional jury or 19 trial consultants, jurors, mock jurors, and professional vendors to whom disclosure is reasonably 20 necessary for this litigation; (5) during their depositions and at trial, witnesses in the action to 21 whom disclosure is reasonably necessary; and (6) the author or recipient of a document 22 containing the information. Confidential Material may be provided to any expert retained for 23 consultation and/or trial. In the event that Confidential Material is given to an expert, counsel 24 that retained the expert shall provide a copy of this Order with the Confidential Material. In the 25 event that Confidential Material is given to a person identified in section (4) or (5), said person 26 shall be provided a copy of this Order with the Confidential Material. To the extent that any 27 document describes a criminal act, this Order shall not be used to prevent disclosure to any 28 relevant law enforcement or investigatory agency. 2 Stipulated Protective Order (34-2019-00265393) 1 7. Nothing in this Order shall in any way limit or prevent Confidential Material from 2 being used in any deposition or other proceeding in this action. In the event that any Confidential 3 Material is used in any deposition or other proceeding in this action, it shall not lose its 4 confidential status through such use. The party designated the material as "CONFIDENTIAL" 5 may request that the portion of the deposition transcript containing the confidential material be 6 sealed and separately bound. 7 8. This Order is entered for the purpose of facilitating the exchange of documents 8 between the parties to this action without involving the Court unnecessarily in the process. 9 Nothing in this Order, or the production of any document under the terras of this Order, 10 shall be deemed to have the effect of an admission or waiver by either party or of altering 11 the confidentiality or non-confidentiality of any such document. 12 9. If a party would like .to use Confidential Material in courtfilings,at least seven days' 13 notice shall be given to all parties. All parties shall comply with the requirements of Califomia 14 Rules of Court (hereinafter "CRC"), mles 2.550 and 2.551, conceming procedures for filing 15 records under seal. A record must not be filed under seal without a court order following a 16 motion or application, brought pursuant to CRC 2.551(b)(1) and (2), accompanied by a 17 memorandum and declaration containing facts sufficient to justify the sealing. In lieu of filing 18 such a motion or application, the parties may agree to redact identifying information relating to 19 any third party, or any sensitive information relating to a party. A party thatfilesor intends to file 20 with the court records that are subject to this protective order and does not intend to request to 21 have such documents sealed must comply with the provisions of CRC 2.551(b)(3). A record filed 22 publicly in the court must not disclose material contained in a record that is sealed, conditionally 23 under seal, or subject to a pending motion or application to seal. 24 10. Nothing in this Order shall in and of itself require disclosure of information that is 25 protected by the attomey-client privilege, work-product doctrine, or any other privilege, doctrine, 26 or immunity, nor does anything in this Order result in any party giving up itsrightto argue that 27 otherwise privileged documents must be produced due to waiver or for any other reason. 28 I 3 , Stipulated Protective Order (34-2019-00265393) 1 11. This Order shall survive thefinaltermination of this action, to the extent that the 2 Confidential Material is not or does not become known to the public, and the Court shall 3 retain jurisdiction to resolve any dispute conceming the use of the information disclosed 4 hereunder. Cotmsel for the parties shall destroy all Confidential Material in their possession, 5 custody, or control within 180 (one hundred eighty) days of fmal termination ofthis action, which 6 shall be deemed to occur only whenfinaljudgment has been entered and all appeals have been 7 exhausted, or notice of dismissal of all claims with prejudice has been served on all parties. 8 12. Any party may challenge a designation of confidentiality at any time by sending 9 written notice to the designating party. Unless a prompt challenge to a designating party's 10 confidentiality designation is necessary to avoid foreseeable, substantial imfaimess, tmnecessary 11 economic burdens, or a significant disruption or delay of the litigation, a party does not waive its 12 right to challenge a confidentiality designation by electing not to mount a challenge promptly 13 after the original designation is disclosed. When a party challenges the designation of a 14 document, the parties should meet and confer before seeking the intervention of this Court. If the 15 parties cannot informally resolve the dispute, the following provisions apply: Within 21 calendar 16 days of the aforementioned written notice, the party designating material as confidential must 17 either (a) agree to remove that designation or (b) file a motion with the Court to uphold that 18 designation. The designating party shall bear the burden of demonstrating the need for 19 confidentiality. 20 IT IS SO STIPULATED. 21 /// 22 /// 23 /// 24 /// 25 lit 26 /// 27 /// 28 /// Stipulated Protective Order (34-2019-00265393) Dated: August / I , 2020 2 3 Jo|{n P. Briscoe Rachael Allgaier 4 Attorneys for Plaintiff David Ridge 5 6 Dated: August 18, 2020 arnes V. CUITEUI, 7 Deputy Attomey General Office of the Atlorney General 8 Attorneys for Defendant Califomia Highway Patrol 9 10 IT IS SO ORDERED. 11 12 Date Judge ofthe Superior Court 13 14 15 16 17 18 19 20 21" 22 23 24 25 26 27 28 Stipulated Protective Order (34-2019-00265393) DECLARATION OF SERVICE BY U.S. MAIL Case Name: David Ridge v. CHP No.: 34-2019-00265393 I declare: I am employed in the Office of the Attorney General, which is the office of a member of the Califorma State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attomey General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. On August 20. 2020.1 served the attached PROPOSED STIPULATED PROTECTIVE ORDER by placing a true copy thereof enclosed in a sealed envelope in the internal mail collection system at the Office of the Attorney General at 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows: Nicholas F. Scardigli John P. Briscoe Rachael Allgaier Mayall Huriey P.C. 2453 Grand Canal Boulevard Stockton, California 95207 I declare under penalty of perjury under the laws of the State of California and the United^'tates of America the foregoing is true and correct and that this declaration was executed on^Xugust 20, 2020, at Sacramento, California. Christopher R. Irby Cl