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F I LED
RT «CALIFORNIA
SUSS?J'SIBVCO?EANT% BARBARA
FEBHZOUS DE (‘9
DENNIS MARSHALL, COUNTY COUNSEL 3"" M 'R- W 2'5"
GUSTAVO E LAVAYEN, CHIEF DEPUTY (SBN 1 150169 P,” K "OFF. my
COUNTY OF SANTA BARBARA v
105 E. Anapamu St., Suite 201
Santa Barbara, CA 93101 CA
(805) 568-2950 / FAX: (805) 568-2982 FIN
Attorneys for Joseph E. Holland, J
County Registrar of Voters
\ONQQ‘UIAMNI-I
Santa Barbara PTY
SUPERIOR COURT OF THE STATE OF CALIFORNIA ATT .
FOR THE COUNTY OF SANTA BARBARA :0
Steven Pappas, Case No: 1304851
Contestant
Q
:— vs. STIPULATION AND PROTECTIVE
ORDER
1]
Doreen Farr, Date: January 20, 2009
12 Time: 8:30 am.
Defendant. Dept: 5
13
14
IT IS HEREBY STIPULATED by and between the attorneys for the
15
parties in the above entitled action, the attorneys for the University of California Santa
16
Barbara (“UCSB”) and the attorney for Joseph E. Holland, the Santa Barbara County
17
Registrar of Voters (“Registrar”), to enter into the following protective order regarding
18
the receipt of the following documents, whether in writing, paper, electronic or other
19
media, subpoenaed by Contestant Steven Pappas in his subpoena duces tecum issued
20
January 13, 2009 and to be exchanged by the parties in this action as described below:
21
(1) Any documents which the Registrar produces, in any media, pursuant
22
to a valid and enforceable court order, subpoena or Public Records Act request are to
23
be designated as "confidential material." Such designation shall be made by stamping
24
or otherwise marking the envelope or container containing such documents as follows:
25
"SUBJECT TO PROTECTIVE ORDER."
26 (2) Confidential material shall be used solely in connection with the preparation
mUNTY WNSH.
amu Bub-n
Camry 27 and trial of the within case, Steven Pappas v. Doreen Farr, Santa Barbara
Sm
Ios an: Amman
SufiBM CA 93101
ms; son-mo Superior Court Case No. 1304851, and not for any other purpose, including
1
Stipulation and Protective Order
any other litigation. .
,
(3) Confidential material may 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;
\aaUIAOJNI-I
(b) Any outside expert or consultant retained in connection "with this action,
and not otherwise employed by either party;
(c) Paralegal, stenographic, clerical and secretarial personnel regularly
employed by counsel referred to in (a).
(d) Court personnel, including stenographic reporters engaged in such .
I
proceedings as are necessarily incidental to preparation for the trial of this
action.
(e) Counsel
/ MW “/MWM/J
for'lJCSB; and
fiuétwdéoém 3/\ .
(0 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 their job duties.
(6) (a) In the event that any person (expressly excluding counsel) identified in
NNNNNNNr—r—i—r—i—i—i—i—i—ni—n
paragraph 4 above are provided any paper, written, electronic or other copies of
confidential material, prior to the time of such disclosure such person(s) shall
be provided by the person
O‘UIAWN-IGONQQUIAUNHO
furnishing such confidential material a copy of this order, and shall
.
agree in writing that he or she has read 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.
WOOUNSEL
ConnyomBlhs-n 27
rosizmmsm (b) In the event that other persons are provided confidential material
mmumnr
(cameo-2930
2
Stipulation and Protective Order
pursuant to paragraph 4 herein, prior to the time of any such disclosure, such
recipient(s) shall be provided by the person furnishing such material, a copy of
this order and the requirements of the order shall be as explained and the
recipient(s) shall agree to be so bound in writing.
(7) If any information, documents and other material which are the subject'of this
owqamawn—
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
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 afier 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
NNNNNNI—u—i—t—i—u—I—r—I—y—
(c) To seek formal or informal discovery from any party relating to the
confidential material, including the material itself.
UIA‘uNi-IGwlUIAWNi—G
(d) To apply to the court for an order compelling production of documents or
modification of this order orifor any order permitting disclosure of
confidential material 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 is agreed 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
26
material under the terms of this stipulation and order, nor any proceedings pursuant to
COUNTYOOU‘NSH.
Quivers-mam 27
mums.”
SmBmCAWWI
this order shall be deemed to have the effect of an admission or waiver by either party
('05)m
3
Stipulltion and Protective Order
of the confidentiality of any confidential material or altering any existing obligation of any
party under this agreement.
(12) This Order shall survive the final termination of this action and the
Court shall retain jurisdiction to resolve any dispute concerning the use of confidential
material disclosed hereunder.
DOCUMENTS SUBJECT TO PROTECTIVE ORDER:
wa
Preview
F I LED RT «CALIFORNIA SUSS?J'SIBVCO?EANT% BARBARA FEBHZOUS DE (‘9 DENNIS MARSHALL, COUNTY COUNSEL 3"" M 'R- W 2'5" GUSTAVO E LAVAYEN, CHIEF DEPUTY (SBN 1 150169 P,” K "OFF. my COUNTY OF SANTA BARBARA v 105 E. Anapamu St., Suite 201 Santa Barbara, CA 93101 CA (805) 568-2950 / FAX: (805) 568-2982 FIN Attorneys for Joseph E. Holland, J County Registrar of Voters \ONQQ‘UIAMNI-I Santa Barbara PTY SUPERIOR COURT OF THE STATE OF CALIFORNIA ATT . FOR THE COUNTY OF SANTA BARBARA :0 Steven Pappas, Case No: 1304851 Contestant Q :— vs. STIPULATION AND PROTECTIVE ORDER 1] Doreen Farr, Date: January 20, 2009 12 Time: 8:30 am. Defendant. Dept: 5 13 14 IT IS HEREBY STIPULATED by and between the attorneys for the 15 parties in the above entitled action, the attorneys for the University of California Santa 16 Barbara (“UCSB”) and the attorney for Joseph E. Holland, the Santa Barbara County 17 Registrar of Voters (“Registrar”), to enter into the following protective order regarding 18 the receipt of the following documents, whether in writing, paper, electronic or other 19 media, subpoenaed by Contestant Steven Pappas in his subpoena duces tecum issued 20 January 13, 2009 and to be exchanged by the parties in this action as described below: 21 (1) Any documents which the Registrar produces, in any media, pursuant 22 to a valid and enforceable court order, subpoena or Public Records Act request are to 23 be designated as "confidential material." Such designation shall be made by stamping 24 or otherwise marking the envelope or container containing such documents as follows: 25 "SUBJECT TO PROTECTIVE ORDER." 26 (2) Confidential material shall be used solely in connection with the preparation mUNTY WNSH. amu Bub-n Camry 27 and trial of the within case, Steven Pappas v. Doreen Farr, Santa Barbara Sm Ios an: Amman SufiBM CA 93101 ms; son-mo Superior Court Case No. 1304851, and not for any other purpose, including 1 Stipulation and Protective Order any other litigation. . , (3) Confidential material may 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; \aaUIAOJNI-I (b) Any outside expert or consultant retained in connection "with this action, and not otherwise employed by either party; (c) Paralegal, stenographic, clerical and secretarial personnel regularly employed by counsel referred to in (a). (d) Court personnel, including stenographic reporters engaged in such . I proceedings as are necessarily incidental to preparation for the trial of this action. (e) Counsel / MW “/MWM/J for'lJCSB; and fiuétwdéoém 3/\ . (0 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 their job duties. (6) (a) In the event that any person (expressly excluding counsel) identified in NNNNNNNr—r—i—r—i—i—i—i—i—ni—n paragraph 4 above are provided any paper, written, electronic or other copies of confidential material, prior to the time of such disclosure such person(s) shall be provided by the person O‘UIAWN-IGONQQUIAUNHO furnishing such confidential material a copy of this order, and shall . agree in writing that he or she has read 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. WOOUNSEL ConnyomBlhs-n 27 rosizmmsm (b) In the event that other persons are provided confidential material mmumnr (cameo-2930 2 Stipulation and Protective Order pursuant to paragraph 4 herein, prior to the time of any such disclosure, such recipient(s) shall be provided by the person furnishing such material, a copy of this order and the requirements of the order shall be as explained and the recipient(s) shall agree to be so bound in writing. (7) If any information, documents and other material which are the subject'of this owqamawn— 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 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 afier 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 NNNNNNI—u—i—t—i—u—I—r—I—y— (c) To seek formal or informal discovery from any party relating to the confidential material, including the material itself. UIA‘uNi-IGwlUIAWNi—G (d) To apply to the court for an order compelling production of documents or modification of this order orifor any order permitting disclosure of confidential material 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 is agreed 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 26 material under the terms of this stipulation and order, nor any proceedings pursuant to COUNTYOOU‘NSH. Quivers-mam 27 mums.” SmBmCAWWI this order shall be deemed to have the effect of an admission or waiver by either party ('05)m 3 Stipulltion and Protective Order of the confidentiality of any confidential material or altering any existing obligation of any party under this agreement. (12) This Order shall survive the final termination of this action and the Court shall retain jurisdiction to resolve any dispute concerning the use of confidential material disclosed hereunder. DOCUMENTS SUBJECT TO PROTECTIVE ORDER: wa