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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 State Bar No. 142041
DOOlStieet, Suite 125
.5 P.O. Box 944255
Sacramento, CA 94244-2550
6 Telephone: (916)210-6113
Fax: (916) 324-5567
7 E-mail: James.Curran@doj.ca.gov
Attorneys for Defendant
8 California Highway Patrol
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SACRAMENTO
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12
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DAVID RIDGE, Case No. 34-2019-00265393
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Plaintiff, STIPULATED PROTECTIVE ORDER
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17 THE CALIFORNIA fflGHWAY PATROL;
and DOES 1-100, inclusive,
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Defendants. Action Filed: September 23, 2019
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Subject to die approval of this Court, die parties hereby stipulate to the following protective
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order:
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1. In connection with discovery proceedings in this action, the parties hereby designate
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specified documents as "Confidential - Subject to Protective Order" under the terms of this
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Stipulated Protective Order (hereinafter "Order").
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2, The documents eligible for protection under this order include:
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A. Any Califomia Highway Patrol policy manuals or excerpts from such manuals,
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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 terms 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 wiUi 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 ofa 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, 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 arty
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. NoUiing in this Order shall in any way limit or prevent Confidential Materia! 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 that designated the material as "Confidential -
5 Subject to Protective Order" may request that the portion of the deposition transcript containing
6 the confidential material be 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 terms df 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. Nothing in this Order shall in and of itself require disclosure of information that is
13 protected by the attomey-client privilege, work-product doctrine, or any other privilege, doctrine,
14 or immunity, nor does anything in this Order result in any party giving up its right to argue that
15 otherwise privileged documents must be produced due to waiver or for any other reason.
16 10. This Order shall survive the final termination of this action, to the extent that the
]7 Confidential Material is not or does not become known totiiepublic, and the Court shall
18 retain jurisdiction.to resolve any dispute conceming the use of the information disclosed
19 hereunder. Counsel for the parties shall destroy all Confidential Material in their possession,
20 custody, or control within 180 (one hundred eighty) days offinaltermination of this action, which
21 shall be deemed to occur only whenfinaljudgment has been entered and all appeals have been
22 exhausted, or notice of dismissal of all claims with prejudice has been served on all parties.
23 11. Any party may challenge a designation of confidentiality at any time by sending
24 written notice to the designated party. Unless a prompt challenge to a designating party's
25 confidentiality designation is necessary to avoid foreseeable, substantial unfaimess, unnecessary .
26 economic burdens, or a significant disruption or delay of the litigation, a party does not waive its
27 right to challenge a confidentiality designation by electing not to mount a challenge promptly
28 after the original designation is disclosed. When a party challenges the designation of a
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Stipulated Protective Order (34-2019-00265393)
1 document, the parties should meet and conlcr bcfoie seeking the inlervenlioii ofthis Court. If the
2 parties cannot informally resolve (he dispute, the following provisions apply: Within 21 calendar
3 days ofthe albrementioned written notice, the parly designating material as confidential must
4' either (a) agree to remove that designation or (b) file a motion with the Court to uphold that
5 designation. The designating party shall bear the burden of demonstrating the need for
6 confidentiality.
7 IT IS SO STIPULATED.
9 Dated: Mayc/_< 2020
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John Briscoe
11 Rachael Allgaier
Attorneys for Plaintiff David Ridge
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Dated: M a y ^ , 2020
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Preview
1 XAVIER BECERRA Attomey General of Califomia 2 KRISTIN M . DAILY Supervising Deputy Attomey General 3 JAMES F. CURRAN Deputy Attomey General 4 State Bar No. 142041 DOOlStieet, Suite 125 .5 P.O. Box 944255 Sacramento, CA 94244-2550 6 Telephone: (916)210-6113 Fax: (916) 324-5567 7 E-mail: James.Curran@doj.ca.gov Attorneys for Defendant 8 California 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 16 17 THE CALIFORNIA fflGHWAY PATROL; and DOES 1-100, inclusive, 18 Defendants. Action Filed: September 23, 2019 19 20 Subject to die approval of this Court, die parties hereby stipulate to the following protective 21 order: 22 1. In connection with discovery proceedings in this action, the parties hereby designate 23 specified documents as "Confidential - Subject to Protective Order" under the terms of this 24 Stipulated Protective Order (hereinafter "Order"). 25 2, The documents eligible for protection under this order include: 26 A. Any Califomia Highway Patrol policy manuals or excerpts from such manuals, 27 including, without limitation, the CHP Uniform Policy Manual or excerpts therefrom. 28 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 terms 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 wiUi 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 ofa 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, 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 arty 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. NoUiing in this Order shall in any way limit or prevent Confidential Materia! 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 that designated the material as "Confidential - 5 Subject to Protective Order" may request that the portion of the deposition transcript containing 6 the confidential material be 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 terms df 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. Nothing in this Order shall in and of itself require disclosure of information that is 13 protected by the attomey-client privilege, work-product doctrine, or any other privilege, doctrine, 14 or immunity, nor does anything in this Order result in any party giving up its right to argue that 15 otherwise privileged documents must be produced due to waiver or for any other reason. 16 10. This Order shall survive the final termination of this action, to the extent that the ]7 Confidential Material is not or does not become known totiiepublic, and the Court shall 18 retain jurisdiction.to resolve any dispute conceming the use of the information disclosed 19 hereunder. Counsel for the parties shall destroy all Confidential Material in their possession, 20 custody, or control within 180 (one hundred eighty) days offinaltermination of this action, which 21 shall be deemed to occur only whenfinaljudgment has been entered and all appeals have been 22 exhausted, or notice of dismissal of all claims with prejudice has been served on all parties. 23 11. Any party may challenge a designation of confidentiality at any time by sending 24 written notice to the designated party. Unless a prompt challenge to a designating party's 25 confidentiality designation is necessary to avoid foreseeable, substantial unfaimess, unnecessary . 26 economic burdens, or a significant disruption or delay of the litigation, a party does not waive its 27 right to challenge a confidentiality designation by electing not to mount a challenge promptly 28 after the original designation is disclosed. When a party challenges the designation of a 3 Stipulated Protective Order (34-2019-00265393) 1 document, the parties should meet and conlcr bcfoie seeking the inlervenlioii ofthis Court. If the 2 parties cannot informally resolve (he dispute, the following provisions apply: Within 21 calendar 3 days ofthe albrementioned written notice, the parly designating material as confidential must 4' either (a) agree to remove that designation or (b) file a motion with the Court to uphold that 5 designation. The designating party shall bear the burden of demonstrating the need for 6 confidentiality. 7 IT IS SO STIPULATED. 9 Dated: Mayc/_< 2020 10 John Briscoe 11 Rachael Allgaier Attorneys for Plaintiff David Ridge 12 14 15 Dated: M a y ^ , 2020 15 [