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DENNIS MARSHALL, CQUNTY COUNSEL “333181 singer-117.com
GUSTAVO E. LAVAYEN; CHIEF DEPUTY (SBN 115016) BARBARA
COUNTY OF SANTA BARBARA JAN 2 a 392%,
105
(805)
E. Anapamu
Santa Barbara,
568-2950
CA
/
St.,
FAX:
Suite 201
93101 '
(805) 568-2982
BY mum
GARY
TERFH CHAVEZ—‘0‘“
tv
omca,
er
Attorneys for Joseph E. Holland,
Santa Barbara County Registrar of Voters
\000\l0\m&DJNH
SUPERIOR COURT OF THE STATE OF CALIFORNIA 336?:
FOR THE COUNTY OF SANTA BARBARA
h
NnX
Steven Pappas, Case No: 1304851 '/
Contestant. CA —
FIN
vs. STIPULATION AND PROTECTIVE
ORDER J _.
Doreen Farr, Date: January 20, 2009
F’TY _
Defendant.
Time:
Dept:
8:30
5
am. An _.
‘COlJ
ST_
IT IS HEREBY STIPULATED by and between the attorneys feFthe—
parties in the above entitled action and the attorney for Joseph E. Holland, the Santa
NNNNNNi—tr—Ip-ty—In—It—iy—r-ni—Ih—
Barbara County Registrar of Voters (“Registrar”), to enter into the following protective
mamn—comqmmamhat—c
order regarding the receipt of the following documents, whether in writing, paper,
electronic or other media, subpoenaed by Contestant Steven Pappas in his subpoena
duccs tecum issued January 13, 2009 and to be exchanged by the parties in this action
as described below:
(1) Any documents which the Registrar produces, in any media, pursuant
to a valid and enforceable court order, subpoena or Public Records Act request are to
be designated as "confidential material." Such designation shall be made by stamping
or otherwise marking the envelope or container containing such documents as follows:
"SUBJECT TO PROTECTIVE ORDER."
coumv COUNSEL
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County 055mm
m
105 sum
Anapamu
26
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(2) Confidential
0A.
39rd tria1,of the within-case
53.11! Barbara. CA VJIOI
material shall be used
Steven Pappas v.
solely in connection
Doreen Farr, Santa Barbara
with the preparation ,
(305) 5511-2950 Superior Court Case No. 1304851, and not for any other purpose, including
'
1
Stipulation and Protective Order
any other litigation.
(3) Confidential materl'lialmay not be disclosed except as provided in paragraph 4.
(4) Confidential material may be disclosed only to the following persons:
(a) Counsel for any party to this litigation;
(b) Any outside expert or consultant retained in connection "with this action,
\OwflO\UI&UINi-‘
and not otherwise employed by either party; ‘
Paralegal, stenographic, clerical and secretarial personnel vegu'lafi?
9C
(c)
employed by counsel referred to in (a).
(d) Court personnel, including stenographic reporters engaged in such
proceedings as are necessarily incidental to preparation for the trial of this
action; and
(c) At trial, subject to paragraph 9.
(5) Nothing in paragraph 4 is intended to prevent officials or employees of the
Santa Barbara County Elections Office or other authorized governmental agents
and personnel from having access to the documents if they would have had
access in the normal course of theirjob duties.
(6) (a) In the event that any person (expressly excluding counsel) identified in
paragraph 4 above are provided any paper,
NNNNNNN—H—Ih—A—r—Ah—th—Ib—Ih—A
written, electronic or other copies of
confidential material, prior to the time of such disclosure such person(s) shall
be provided by the person furnishing such confidential material a copy of this order, and shall
agree in writing that he or she has read
QLIIAUNHO\OW\IQ\KII&MNHO
the protective order, and that
he or she understands the provisions of the Protective Order and agrees to be
bound by it. Such person also must consent to be subject to the jurisdiction of
of the Superior Court of the State of California with respect to any proceeding
relating to enforcement of this order, including without limitation, any
proceeding for contempt. Unless made in an official record in this litigation,
counsel making the disclosure to any person described above shall retain the
original executed copy'of said agreement until final termination of this
‘
litigation.
(b) In the event that other persons are provided confidential material
com-n COUNSEL
27
Conny ofSL’Ja Barbara pursuant to paragraph :4 herein, prior to the time of any such disclosure, such
ms am Alllpxmu Sum
SanlaBuhm.CA93]01
(x05) sex-2930 recipient(s) shall be provided by the person furnishing such material, a copy of
2
Stipulation and Protective Order
‘0
. -4)
this order and the requirements of the order shall be as explained and the
'
reeipient(s) shall agree to be so bound in writing.
(7) lf any information, documents and other material which are the subject of this
Protective Order are presented by the recipient(s) of the confidential material to this or any
other court, or in any other manner, prior to the time of trial, said information, materials
\OWQQUIADJNr—I
or documents shall be lodged under seal in an envelope clearly marked as follows:
"LODGED UNDER SEAL PURSUANT TO LAW"
(8) Counsel for the parties agree to return all confidential material received under the
provisions of this order to the Registrar no later than 30 days after the conclusion of this trial
and of any appeal or upon final termination of this litigation. Provisions of this order shall be
in effect until further order of this Court.
(9) The foregoing is without prejudice to the right of any party or Registrar:
(a) To apply to the court for a further protective order relating to confidential
material or relating to discovery in this litigation;
(b) To apply to the court for an order removing the confidential material
designation from any documents; and
(c) To seek formal or informal discovery from any party relating to the
confidential material, including the material itself.
for an order compelling production of documents or
NNNNNNNHHPA-‘HHi—t—i—lh—l
(d) To apply to the court
modification of this order or for any order permitting disclosure of
confidential material
O'NUIAMNHOOWNQMAUJN—‘O
beyond the terms of this order.
(10) The confidential material may be used at trial in this action subject to
objections made by any party to this action, motions in liminie, or other legal
challenges. It isagreed that Registrar retains the right to object prior to use or introduction of
confidential material at trial.In the event confidential material is used in any court proceeding
in this action, it shall not lose its confidential status through such use.
(1 1) Nothing in this order nor the production of any confidential
material under the terms of this stipulation and order, nor any proceedings pursuant to
this order shall be deemed to have the effect of an admission or waiver by either party
of the confidentiality of any confidential material or altering any existing obligation of any
COUNTY counsel.
27
County nt'Saru Bubua
party under this agreement.
105 Fast Ampamu sum
Santa Bartram CA 91101
(805) son-2950
(12) This Order shall survive the final termination of this action and the
3
Stipulation and Protective Order
Court shall retainjurisdiction to resolve any dispute concerning the use of confidential
I
material disclosed hereunder.
DOCUMENTS SUBJECT TO PROTECTIVE ORDER:
1. All 2008 voter registration forms, cards and applications, whether redacted or unredacted
as produced for the parties pursuant to the subpoena duces tecum issued by Contestant
Pappas,
\DWQQUIAMNI—
dated January 13, 2009, and any other such documents produced for any party
pursuant to any request for such documents for use in this litigation; and
2. Any other documents produced by Registrar under the subpoena duces tecum issued by
Contestant Pappas, dated January 13, 2009 or any other request for documents by a pany to
this action that contains information that is otherwise deemed to be exempt from public
disclosure under California Government Code 6254.4 and Elections Code 2194..
3. Any other documents or material of any kind released under subpoena or other request in
this litigation that counsel for the Registrar deems to be protected as confidential.
Dated: January _, 2009
Dated: January
NNNNNu—Ih—Iu—Ir—r—u—t—t—u—I—
Zfl,2009
AWN—‘OVOWNOUIAMN—‘O
Attorneys for Steven Pappas
Dated: January E ,2009
Fredric D. Woo%
;_
& Woochgk
Ph lip Seymour
Attorneys for Doreen Farr
I
QWI ORDER
25 IT IS SO ORDERED .
26
Dated: January :2, 2009
coumv comsu
27
Coumy erstu run-m
ws an: Ampamu sum
Sun “Wall CA one:
”How
(so);
Stipulation and Protective Order
Preview
”f1 .l 5:. fl _ ”55 F0 DENNIS MARSHALL, CQUNTY COUNSEL “333181 singer-117.com GUSTAVO E. LAVAYEN; CHIEF DEPUTY (SBN 115016) BARBARA COUNTY OF SANTA BARBARA JAN 2 a 392%, 105 (805) E. Anapamu Santa Barbara, 568-2950 CA / St., FAX: Suite 201 93101 ' (805) 568-2982 BY mum GARY TERFH CHAVEZ—‘0‘“ tv omca, er Attorneys for Joseph E. Holland, Santa Barbara County Registrar of Voters \000\l0\m&DJNH SUPERIOR COURT OF THE STATE OF CALIFORNIA 336?: FOR THE COUNTY OF SANTA BARBARA h NnX Steven Pappas, Case No: 1304851 '/ Contestant. CA — FIN vs. STIPULATION AND PROTECTIVE ORDER J _. Doreen Farr, Date: January 20, 2009 F’TY _ Defendant. Time: Dept: 8:30 5 am. An _. ‘COlJ ST_ IT IS HEREBY STIPULATED by and between the attorneys feFthe— parties in the above entitled action and the attorney for Joseph E. Holland, the Santa NNNNNNi—tr—Ip-ty—In—It—iy—r-ni—Ih— Barbara County Registrar of Voters (“Registrar”), to enter into the following protective mamn—comqmmamhat—c order regarding the receipt of the following documents, whether in writing, paper, electronic or other media, subpoenaed by Contestant Steven Pappas in his subpoena duccs tecum issued January 13, 2009 and to be exchanged by the parties in this action as described below: (1) Any documents which the Registrar produces, in any media, pursuant to a valid and enforceable court order, subpoena or Public Records Act request are to be designated as "confidential material." Such designation shall be made by stamping or otherwise marking the envelope or container containing such documents as follows: "SUBJECT TO PROTECTIVE ORDER." coumv COUNSEL mm. County 055mm m 105 sum Anapamu 26 27 W (2) Confidential 0A. 39rd tria1,of the within-case 53.11! Barbara. CA VJIOI material shall be used Steven Pappas v. solely in connection Doreen Farr, Santa Barbara with the preparation , (305) 5511-2950 Superior Court Case No. 1304851, and not for any other purpose, including ' 1 Stipulation and Protective Order any other litigation. (3) Confidential materl'lialmay not be disclosed except as provided in paragraph 4. (4) Confidential material may be disclosed only to the following persons: (a) Counsel for any party to this litigation; (b) Any outside expert or consultant retained in connection "with this action, \OwflO\UI&UINi-‘ and not otherwise employed by either party; ‘ Paralegal, stenographic, clerical and secretarial personnel vegu'lafi? 9C (c) employed by counsel referred to in (a). (d) Court personnel, including stenographic reporters engaged in such proceedings as are necessarily incidental to preparation for the trial of this action; and (c) At trial, subject to paragraph 9. (5) Nothing in paragraph 4 is intended to prevent officials or employees of the Santa Barbara County Elections Office or other authorized governmental agents and personnel from having access to the documents if they would have had access in the normal course of theirjob duties. (6) (a) In the event that any person (expressly excluding counsel) identified in paragraph 4 above are provided any paper, NNNNNNN—H—Ih—A—r—Ah—th—Ib—Ih—A written, electronic or other copies of confidential material, prior to the time of such disclosure such person(s) shall be provided by the person furnishing such confidential material a copy of this order, and shall agree in writing that he or she has read QLIIAUNHO\OW\IQ\KII&MNHO the protective order, and that he or she understands the provisions of the Protective Order and agrees to be bound by it. Such person also must consent to be subject to the jurisdiction of of the Superior Court of the State of California with respect to any proceeding relating to enforcement of this order, including without limitation, any proceeding for contempt. Unless made in an official record in this litigation, counsel making the disclosure to any person described above shall retain the original executed copy'of said agreement until final termination of this ‘ litigation. (b) In the event that other persons are provided confidential material com-n COUNSEL 27 Conny ofSL’Ja Barbara pursuant to paragraph :4 herein, prior to the time of any such disclosure, such ms am Alllpxmu Sum SanlaBuhm.CA93]01 (x05) sex-2930 recipient(s) shall be provided by the person furnishing such material, a copy of 2 Stipulation and Protective Order ‘0 . -4) this order and the requirements of the order shall be as explained and the ' reeipient(s) shall agree to be so bound in writing. (7) lf any information, documents and other material which are the subject of this Protective Order are presented by the recipient(s) of the confidential material to this or any other court, or in any other manner, prior to the time of trial, said information, materials \OWQQUIADJNr—I or documents shall be lodged under seal in an envelope clearly marked as follows: "LODGED UNDER SEAL PURSUANT TO LAW" (8) Counsel for the parties agree to return all confidential material received under the provisions of this order to the Registrar no later than 30 days after the conclusion of this trial and of any appeal or upon final termination of this litigation. Provisions of this order shall be in effect until further order of this Court. (9) The foregoing is without prejudice to the right of any party or Registrar: (a) To apply to the court for a further protective order relating to confidential material or relating to discovery in this litigation; (b) To apply to the court for an order removing the confidential material designation from any documents; and (c) To seek formal or informal discovery from any party relating to the confidential material, including the material itself. for an order compelling production of documents or NNNNNNNHHPA-‘HHi—t—i—lh—l (d) To apply to the court modification of this order or for any order permitting disclosure of confidential material O'NUIAMNHOOWNQMAUJN—‘O beyond the terms of this order. (10) The confidential material may be used at trial in this action subject to objections made by any party to this action, motions in liminie, or other legal challenges. It isagreed that Registrar retains the right to object prior to use or introduction of confidential material at trial.In the event confidential material is used in any court proceeding in this action, it shall not lose its confidential status through such use. (1 1) Nothing in this order nor the production of any confidential material under the terms of this stipulation and order, nor any proceedings pursuant to this order shall be deemed to have the effect of an admission or waiver by either party of the confidentiality of any confidential material or altering any existing obligation of any COUNTY counsel. 27 County nt'Saru Bubua party under this agreement. 105 Fast Ampamu sum Santa Bartram CA 91101 (805) son-2950 (12) This Order shall survive the final termination of this action and the 3 Stipulation and Protective Order Court shall retainjurisdiction to resolve any dispute concerning the use of confidential I material disclosed hereunder. DOCUMENTS SUBJECT TO PROTECTIVE ORDER: 1. All 2008 voter registration forms, cards and applications, whether redacted or unredacted as produced for the parties pursuant to the subpoena duces tecum issued by Contestant Pappas, \DWQQUIAMNI— dated January 13, 2009, and any other such documents produced for any party pursuant to any request for such documents for use in this litigation; and 2. Any other documents produced by Registrar under the subpoena duces tecum issued by Contestant Pappas, dated January 13, 2009 or any other request for documents by a pany to this action that contains information that is otherwise deemed to be exempt from public disclosure under California Government Code 6254.4 and Elections Code 2194.. 3. Any other documents or material of any kind released under subpoena or other request in this litigation that counsel for the Registrar deems to be protected as confidential. Dated: January _, 2009 Dated: January NNNNNu—Ih—Iu—Ir—r—u—t—t—u—I— Zfl,2009 AWN—‘OVOWNOUIAMN—‘O Attorneys for Steven Pappas Dated: January E ,2009 Fredric D. Woo% ;_ & Woochgk Ph lip Seymour Attorneys for Doreen Farr I QWI ORDER 25 IT IS SO ORDERED . 26 Dated: January :2, 2009 coumv comsu 27 Coumy erstu run-m ws an: Ampamu sum Sun “Wall CA one: ”How (so); Stipulation and Protective Order