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o @ wnat 22245849
BARBARA J. PARKER, City Attorney —-SBN 069722
MARIA BEE, Chief Assistant City Attorney —SBN 167716
DAVID A. PEREDA, Special Counsel — SBN 237982
MICHAEL QUIRK, Deputy City Attorney— SBN 283351
One Frank H. Ogawa Plaza, 6th Floor
‘Oakland, California 94612
Telephone: (510) 238-6521 Fax: (510) 238- 6500
Email: DPereda@oaklandcityattorney.org
.33244/2820350
Attorneys for Defendant
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CITY OF OAKLAND
a’
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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2019
COUNTY OF ALAMEDA
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DEC09
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11 MILDRED L. OLIVER, , °
Case No. RG19007799
12 Plaintiff,
— ASSIGNED FOR ALL PURPOSES TO
13 ve _ JUDGE RONNI MACLAREN
, DEPARTMENT 25
14 CITY OF OAKLAND, OAKLAND
-POLICE DEPARTMENT, AND DOES 1- [PROPOSED] STIPULATED
15 25, INCLUSIVE PROTECTIVE ORDER .
16 Defendants.
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- [PROPOSED] STIPULATED PROTECTIVE ORDER
1. PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve
production of confidential, proprietary, or private information for which special |
protection from public disclosure and from use for any purpose other than
prosecuting this litigation may.be warranted. Accordingly, the parties hereby |
stipulate to and petition the court to enter the following Stipulated Protective:
“SD
Order. The parties acknowledge that this Order does not confer blanket protections
on all disclosures or responses to discovery and that the protection it affords from
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public disclosure and use extends only to the limited information or items that are
10 entitled to confidential treatment under the applicable legal principles. The parties
11 further acknowledge, as set forth in Section 12.3, below, that this Stipulated
12 Protective Order does not entitle themto file confidential information under seal;
13 the California Code of Civil Procedure sets forth the procedures that must be
14 . followed and the standards that will be applied when a party seeks permission from
15 the court to file material under seal.
16 2. DEFINITIONS
17 2.1 Challenging Party: a Party or Non-Party that challenges the
18 designation of information or items under this Order.
19 2.2 “CONFIDENTIAL” Information or Items: information (regardless of
20 how it is generated, stored or maintained)or tangible things that qualify for
21 protection under any applicable statute or case law.
22 2.3 Counsel (without qualifier): Outside Counsel of Record and House
23 Counsel (as well as their support staff).
24 +24 Designating Party: a Party or Non-Party that designates information
25 or items that it produces in disclosures or in responses to discovery as
26 “CONFIDENTIAL.”
27 2.5 Disclosure or Discovery Material: all items or information, regardless
28 of the medium or manner in which it is generated,
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stored, or maintained (including,
[PROPOSED] STIPULATED PROTECTIVE ORDER
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among other things, testimony, transcripts, and tangible things), that are produced -
or. generated in disclosures or responses to discovery in this matter. _
| 26 Expert: a person with specialized knowledge or experience in a matter
pertinent to the litigation who has been retained by a Party or its counsel to serve
as an expert witness or as a consultant in this action.
2.7 House Counsel: attorneys who are employees of a party to this action.
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House Counsel does not include Outside Counsel of Record or any other outside
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counsel. | | | |
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2.8 Non-Party: any natural person, partnership, corporation, association,
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10 or ‘other legal entity not named: asa Party to this action. | |
11 2.9 Qutside Counsel of Record: attorneys who are not employees of aparty
12 to this action but are retained to represent or advise-a party to this action and have
13 appeared in this action on behalf of that party or are affiliated with a law firm
14 which has appeared on behalf of that party.
15 2. 10 Party: any party to this action, including all of its officers, directors, .
16 employees, consultants, retained experts, and Outside Counsel of Record (and their
17 support staffs). |
18 2.11 Producing Party: a Party or Non-Party that produces Disclosure oro
19 Discovery Material in this action. :
20 2.12 Professional Vendors: persons or entities that provide litigation
21 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
22 demonstrations, and organizing, storing, or retrieving data in any form or medium)
23° and their employees and subcontractors.
24 (2.18 Protected Material: any Disclosure or Discovery Material that is
25 designated as “CONFIDENTIAL.”
26 2. 14 Receiving Party: a Party that receivess Disclosure or Discovery
27 Material from a Producing Party.
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' [PROPOSED] STIPULATED PROTECTIVE ORDER
3.. SCOPE
The protections conferred by this Stipulation and Order cover not only
Protected Material (as defined above), but also (1) any information copied or
extracted from Protected Material; (2) all copies, excerpts, summaries, or
compilations of Protected Material; and (3) any testimony, conversations, or
presentations by Parties or their Counsel that might reveal Protected Material.
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However, the protections conferred by this Stipulation and Order do not cover the
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following information: (a) any information that is in the public domain at the time
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of disclosure to a Receiving Party or becomes part of the public domain after its
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10 disclosure to a Receiving Party as a result of publication not involving a violation of .-
rn this Order, including becoming part of the public record through trial or otherwise;
12 and (b) any information known to the Receiving Party prior to the disclosure or
13 obtained by the Receiving Party after the disclosure from a source who obtained the
14 information lawfully and under no obligation of confidentiality to the Designating
15 Party. Any use of Protected Material at trial shall be governed by a separate
16 agreement or order. |
17 4. DURATION
18 Even after final disposition of this litigation, the confidentiality obligations
19 imposed by this Order shall remain in effect until a Designating Party agrees
- 20 otherwise in writing or a court order otherwise directs. Final disposition shall be
21 deemed to be the later of (1) dismissal of all claims and defenses in this action, with
22 or without prejudice; and (2) final judgment herein after the completion and
23 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
24 - including the time limits for filing any motions or applications for extension of time
25 pursuant to applicable law.
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[PROPOSED] STIPULATED PROTECTIVE ORDER
1 | 5. . DESIGNATING PROTECTED MATERIAL
2 - 5.1 Exercise of Restraint and Care in Designating Material for Protection.
3 | Each Party or Non-Party that designates information or items for protection under
4 | this Order must take care to limit any such designation to specific material that
5 | qualifies under the appropriate standards. The Designating Party must designate
6 | for protection only those parts of material, documents, items, or oral or written
7 communications that qualify — so that other portions of the material, documents,
g || items, or communications for which protection is not warranted are not swept |
unjustifiably within the ambit of this Order. |
10 Mass, indiscriminate, or routinized designations are prohibited. Designations
11 | that are shown to be clearly unjustified or that have been made for an improper
12 || purpose (e.g., to unnecessarily encumber or retard the case development process or
-13 | to impose unnecessary expenses and burdens on other parties) expose the
14 | Designating Party to sanctions.
15 If it comes to a Designating Party’s attention that information or items that it
16 designated for protection do not qualify for protection, that Designating Party must
17 || promptly notify all other Parties that it is withdrawing the mistaken designation.
18 ‘5.2 Manner and Timing of Designations. Except as otherwise provided in
19 | this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
20 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
1 under this Order must be clearly so designated before the material is disclosed or
22 || produced. | |
23 . Designation in conformity with this Order requires:
24 (a) for information in documentary form (e.g., paper or electronic
25 | documents, but excluding transcripts of depositions or other pretrial or trial -
26 || proceedings), that the Producing Party affix the legend “CONFIDENTIAL?” to each
27 || page that contains protected material. If only a portion or portions of the material
28 || on a page qualifies for protection, the Producing Party also must clearly identify the
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[PROPOSED] STIPULATED PROTECTIVE ORDER
‘protected portion(s) (e.g., by making appropriate markings in the margins). A Party
or Non-Party that makes original documents or materials available for inspection
need not designate them for protection until after the inspecting Party has
indicated which material itwould like copied and produced. During the inspection
and before the designation, all of the material made available for inspection shall be
deemed “CONFIDENTIAL,” After the inspecting Party has identified the |
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documents it wants copied and produced, the Producing Party must determine
which documents, or portions thereof, qualify for protection under this Order. Then,
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before producing the specified documents, the Producing Party must affix the
10 “CONFIDENTIAL” legend to each page that contains Protected Material, If only a
11 portion or portions of the material on a page qualifies for protection, the Producing
12 Party also must clearly identify the protected portion(s) (e.g., by making |
13 appropriate markings in the margins).
14 | (b) for testimony given in deposition or in other pretrial or trial
15 proceedings, that the Designating Party identify on the record, before the close of
16 the deposition, hearing, or other proceeding, all protected testimony.
17 (c) for information produced in some form other than documentary and
18 for any other tangible items, that the Producing Party affix in a prominent place on
19 the exterior of the container or containers in which the information or item is stored |
20 the legend “CONFIDENTIAL.” If only a portion or portions of the information or
21 item warrant protection, the Producing Party, to the extent practicable, shall:
22 identify the protected portion(s).
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[PROPOSED] STIPULATED PROTECTIVE ORDER
5.3 Inadvertent Failuresto Designate. If timely corrected, an inadvertent
failure to designate qualified information or items does not, standing alone, waive
the Designating Party's right to secure protection under this Order for such
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material. Upon timely correction of a designation, the Receiving Party must make . -
reasonable efforts to assure that the material is treated in accordance with the
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provisions of this Order. |
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6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
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6.1 Timing of Challenges. Any Party or Non-Party may challenge a
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designation of confidentiality at any time. Unless a prompt challenge to a
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10 Designating Party's confidentiality designation is necessary to avoid foreseeable,
11 substantial unfairness, unnecessary economic burdens, or a significant disruption
12. or delay of the litigation, a Party does not waive its right to-challenge a
13 confidentiality designation by electing not to mount a challenge promptly after the
14 original designation is disclosed.
15 6.2 Meet and Confer, The Challenging Party shall initiate the dispute
16 resolution process by providing written notice of each designationit is challenging
17 and describing the basis for each challenge. To avoid ambiguity as to whether a
18. challenge has been made, the written notice must recite that the challenge to
19 confidentiality is being made in accordance with this specific paragraph of the
20 Protective Order. The parties shall attempt to resolve each challenge in good faith
21 and must begin the process by conferring directly (in voice to voice dialogue; other
22 ‘forms of communication are not sufficient) within 14 days of the date of service of
23 notice. In conferring, the Challenging Party. must explain the basis for its belief that
24 the confidentiality designation was not proper and must give the Designating Party
25 an opportunity to review the designated material, to reconsider the circumstances,
26 and, if no change in designation is offered, to explain the basis for the chosen
27 designation. A Challenging Party may proceed to the next stage of the challenge
28 process only if it has engaged in this meet and confer process first or establishes
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[PROPOSED] STIPULATED PROTECTIVE ORDER
that the Designating Party is unwilling to participate in the meet and confér
process in a timely manner.
6.3 Judicial Intervention. If the Parties cannot resolve a challenge |
without court intervention, the Designating Party shall file and serve a motion to
retain confidentiality. Each such motion: must be accompanied by a competent :
. declaration affirming that the movant has complied with the meet and confer
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requirements imposed in the preceding paragraph. In addition, the Challenging
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‘Party may file a motion challenging a confidentiality designation at any time if
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there is good cause for doing so, including a challenge to the designation ofa
10 deposition transcript or any portions thereof. Any motion brought pursuant to this
11 provision must be accompanied by a competent declaration affirming that the
12 movant has complied with the meet and confer requirements imposed by the
13 preceding paragraph.
.14 | Unless the Designating Party has waived the confidentiality designation by
15 failing to file a motion to retain confidentiality as described above, all parties shall
16 continue to afford the material in question the level of protection to which it is
17 entitled under the Producing Party’s designation until the court rules on the ©
18 challenge. | |
19 7. ACCESS TO AND USE OF PROTECTED MATERIAL
20 7.1- Basic Principles. A Receiving Party may use Protected Material that is
21° disclosed or produced by another Party or by a Non-Party in connection with this
2 case only for prosecuting, defending, or attempting to settle this litigation. Such
23 Protected Material may be disclosed only to the categories of persons and under the -
24 conditions described in this Order. When the litigation has been terminated, a °
25 Receiving Party must comply with the provisions of section 13 below (FINAL
26 (DISPOSITION).
. 27 Protected Material must be stored and maintained by a Receiving Party at a
28 _location and in a secure manner that ensures that access is limited to the persons
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[PROPOSED] STIPULATED PROTECTIVE ORDER
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authorized under this Order.
7,2 Disclosure of “CONFIDENTIAL” Information or Items. Unless.
otherwise ordered by the court or permitted in writing by the Designating Party, a
. Receiving Party may disclose any information or item designated
“CONFIDENTIAL” only to:
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
employees of said Outside Counsel of Record to whom it is reasonably necessary to ©
disclose the information for this litigation and who have signed the |
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
A.
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r (b) the officers, directors, and employees (including House Counsel) of the -
12 Receiving Party to whom disclosure is reasonably necessary for this litigation and
13 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
14 (c) Experts (as defined in this Order) of the Receiving Party to whom ~
15, disclosure is reasonably necessary for this litigation and who have signed the’
16 “Acknowledgment and Agreement to Be Bound” (Exhibit A); .
17 (d) the court and its personnel;
|18 (e)- court reporters and their staff, professional jury or trial consultants, mock
19 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this
20 litigation and who have signed the “Acknowledgment and Agreement to Be Bound”
21 (Exhibit A);
22 (f) during their depositions, witnesses in the action to whom disclosure is
23 reasonably necessary and who have signed the “Acknowledgment and Agreement to
24 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered
25 by the court. Pages of transcribed deposition testimony or exhibits to depositions
26 that reveal Protected Material must be separately bound by the court reporter and
27 may not be disclosed to anyone except as permitted under this Stipulated Protective
28 Order.
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[PROPOSED] STIPULATED PROTECTIVE ORDER
(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information.
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION |
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_Ifa Party is served with a subpoena or a court order issued in other litigation
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that compels disclosure of any information or items designated in this action as
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“CONFIDENTIAL,” that Party must: |
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(a) promptly notify in writing the Designating Party. Such notification shall
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include a copy of the subpoena or court order;
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10 (b) promptly notify in writing the party who caused the subpoena or order to
11 issue in the other litigation that some or all of the material covered by the subpoena
12. or order is subject to this Protective Order. Such notification shall include a copy of
13. this Stipulated Protective Order; and
14 (c) cooperate with respect to all reasonable procedures sought to be pursued
15 by the Designating Party whose Protected Material may be affected.
16 If the Designating Party timely seeks a protective order, the Party served
17 with the subpoena or court order shall not’ produce any information designated iin
18 this actionas “CONFIDENTIAL” before a determination by the court from which
19 _ the subpoena or order issued, unless the Party has obtained the Designating
20 'Party’s permission. The Designating Party shall bear the burden and expense of
21 seeking protection in that court of its confidential material — and nothing in these
22 provisions should be construed as authorizing or encouraging a Receiving Party in
23 .this action to disobey a lawful directive from another court.
24 9. A NON- PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
25 _ IN THIS LITIGATION |
26 (a) The terms of this Order are applicable to information produced by a Non-
27 Party in this action and designated as “CONFIDENTIAL.” Such information
- 28 ‘produced by Non-Parties in connection with this litigation is protected by the
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[PROPOSED] STIPULATED PROTECTIVE ORDER
remedies and relief provided by this Order. Nothing in these provisions should be
construed as prohibiting a Non-Party from seeking additional protections.
(b) In the event that a Party is required, by a valid discovery request, to
produce a Non-Party’s confidential information in its possession, and the Party is
subject to an agreement with the Non-Party not to produce the Non-Party’s
confidential information, then the Party shall:
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(1) promptly notify in writing the Requesting Party and the Non-Party that
some or all of the information requested is subject to a confidentiality agreement
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with a Non-Party; |
10. (2) promptly provide the Non-Party with a copy of the Stipulated Protective
11 Order in this litigation, the relevant discovery request(s), anda reasonably specific -
12 description of the information requested; and .
13 (3) make the information requested available for inspection by the Non-
14 Party. © |
15 (c) If the Non-Party fails to object or seek a protective order from this-court
16 within 14 days of receiving the notice and accompanying information, the
17 Receiving Party may produce the Non-Party’s confidential information responsive
18 to the discovery request. If the Non-Party timely seeks a protective order, the
19 Receiving Party shall not produce any information in its possession or control that
20 is subject to the confidentiality agreement with the Non-Party before a
21 determination by the court. Absent a court order to the contrary, the Non-Party
22 shall bear the burden and expense of seeking protection in this court of its
23 _ Protected Material.
24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
25 If a Receiving Party learns that, by inadvertence or otherwise, it has ~
26 disclosed Protected Material to any person or in any circumstance not authorized
27 under this Stipulated Protective Order, the Receiving Party must immediately (a)
28 notify in writing the Designating Party of the unauthorized disclosures, (b) use its
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[PROPOSED] STIPULATED PROTECTIVE ORDER
best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform -
the person or persons to whom unauthorized disclosures were made of all the terms
of this Order, and (d) request such person or persons to execute the
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
A. | | |
ra INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
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PROTECTED MATERIAL
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When a Producing Party gives notice to Receiving Parties that certain
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_inadvertently produced material is subject to a claim of privilege or other
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10 protection, the obligations of the Receiving Parties are those set forth by statute,
It case law, and the rules of professional responsibility.
(12 12. MISCELLANEOUS
13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
14 person to seek its modification by the court in the future. °
15 12.2 Right to Assert Other Objections. By stipulating to the entry of this
16 Protective Order no Party waives any right it otherwise would have to object to
17 disclosing or producing any information or item on any ground not addressed in this
18. Stipulated Protective Order. Similarly, no Party waives any right to object on any
19 ground to use in evidence of any of the material covered by this Protective Order.
20. 12.3 Filing Protected Material. Without written permission from the -
21 Designating Party or a court order secured after appropriate notice to all interested
22 persons, a Party may not file in the public record in this action any Protected
23 Material. Instead, the Protected Material must be filed under seal.
24° 13. FINAL DISPOSITION
25 Within 60 days after the final disposition of this action, as defined in
26 paragraph 4, each Receiving Party must return all Protected Material to the
27 Producing Party or destroy such material. As used in this subdivision, “all Protected
28 Material” includes all copies, abstracts, compilations, summaries, and any other
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[PROPOSED] STIPULATED PROTECTIVE ORDER
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format reproducing or capturing any of the Protected Material. Whether the
Protected Material is returned or destroyed, the Receiving Party must submit a
written certification to the Producing Party (and, if not the same person or entity, to
the Designating Party) by the 60 day deadline that (1) identifies (by category, where
appropriate) all the Protected Material that was returned or destroyed and (2)
affirms that the Receiving Party has not retained any copies, abstracts,
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compilations, summaries or any other format reproducing or capturing any of the
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Protected Material. Notwithstanding this provision, Counsel are entitled to retain
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an archival copy of all pleadings, motion papers, trial, deposition, and hearing |
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- 10 transcripts, legal memoranda, correspondence, ‘deposition and trial exhibits, expert
11 reports, attorney work product, and consultant and expert work product, even if
12 such materials contain Protected Material. Any such archival copies that contain or
13 constitute Protected Material remain subject to this Protective Orderas set forth in
14 Section 4 (DURATION),
15 ITIS SO STIPULATED; THROUGH COUNSEL OF RECORD.
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17 DATED: December _,2019
‘Attorneys for City of Oakland
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19 DATED: December _,2019
Mildred Oliver
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21 DATED: December _,2019 a
oe Attorneys for Plaintiff
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23 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED:
26 HON. RONNI MACLAREN
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[PROPOSED] STIPULATED PROTECTIVE ORDER
| EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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I, ~ [print or type full name], of
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[printor type full address], declare. under penalty of perjury that I have read in its
entirety and understand . ,
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the Stipulated Protective Order that was issued by the Alameda County Superior
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Court on | in the case of Oliver v. City of Oakland, et al., Docket No.
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RG19007799. ‘J agree to comply with and to be bound by all the terms of this
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Stipulated Protective Order and I understand and acknowledge that failure to so
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10 comply could expose me to'sanctions and punishment in the nature of contempt. I
11 solemnly promise that I will not disclose in.any manner
12 any information or item that is subject to this Stipulated Protective Order to any .
43 person or entity except in strict compliance with the provisions of this Order. —
14 I further agree to submit to the jurisdiction of the Alameda County Superior Court
15. for the purpose of enforcing the terms of this Stipulated Protective Order, even if
16 such enforcement proceedings
Preview
o @ wnat 22245849 BARBARA J. PARKER, City Attorney —-SBN 069722 MARIA BEE, Chief Assistant City Attorney —SBN 167716 DAVID A. PEREDA, Special Counsel — SBN 237982 MICHAEL QUIRK, Deputy City Attorney— SBN 283351 One Frank H. Ogawa Plaza, 6th Floor ‘Oakland, California 94612 Telephone: (510) 238-6521 Fax: (510) 238- 6500 Email: DPereda@oaklandcityattorney.org .33244/2820350 Attorneys for Defendant DH CITY OF OAKLAND a’ SUPERIOR COURT OF THE STATE OF CALIFORNIA © 2019 COUNTY OF ALAMEDA 0 DEC09 10 11 MILDRED L. OLIVER, , ° Case No. RG19007799 12 Plaintiff, — ASSIGNED FOR ALL PURPOSES TO 13 ve _ JUDGE RONNI MACLAREN , DEPARTMENT 25 14 CITY OF OAKLAND, OAKLAND -POLICE DEPARTMENT, AND DOES 1- [PROPOSED] STIPULATED 15 25, INCLUSIVE PROTECTIVE ORDER . 16 Defendants. 17 18 19: 20 21 2 23 24 25 26 27 28 - [PROPOSED] STIPULATED PROTECTIVE ORDER 1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special | protection from public disclosure and from use for any purpose other than prosecuting this litigation may.be warranted. Accordingly, the parties hereby | stipulate to and petition the court to enter the following Stipulated Protective: “SD Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from oo public disclosure and use extends only to the limited information or items that are 10 entitled to confidential treatment under the applicable legal principles. The parties 11 further acknowledge, as set forth in Section 12.3, below, that this Stipulated 12 Protective Order does not entitle themto file confidential information under seal; 13 the California Code of Civil Procedure sets forth the procedures that must be 14 . followed and the standards that will be applied when a party seeks permission from 15 the court to file material under seal. 16 2. DEFINITIONS 17 2.1 Challenging Party: a Party or Non-Party that challenges the 18 designation of information or items under this Order. 19 2.2 “CONFIDENTIAL” Information or Items: information (regardless of 20 how it is generated, stored or maintained)or tangible things that qualify for 21 protection under any applicable statute or case law. 22 2.3 Counsel (without qualifier): Outside Counsel of Record and House 23 Counsel (as well as their support staff). 24 +24 Designating Party: a Party or Non-Party that designates information 25 or items that it produces in disclosures or in responses to discovery as 26 “CONFIDENTIAL.” 27 2.5 Disclosure or Discovery Material: all items or information, regardless 28 of the medium or manner in which it is generated, ; stored, or maintained (including, [PROPOSED] STIPULATED PROTECTIVE ORDER oe © @ among other things, testimony, transcripts, and tangible things), that are produced - or. generated in disclosures or responses to discovery in this matter. _ | 26 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action. 2.7 House Counsel: attorneys who are employees of a party to this action. DB House Counsel does not include Outside Counsel of Record or any other outside NY counsel. | | | | fo 2.8 Non-Party: any natural person, partnership, corporation, association, 0 10 or ‘other legal entity not named: asa Party to this action. | | 11 2.9 Qutside Counsel of Record: attorneys who are not employees of aparty 12 to this action but are retained to represent or advise-a party to this action and have 13 appeared in this action on behalf of that party or are affiliated with a law firm 14 which has appeared on behalf of that party. 15 2. 10 Party: any party to this action, including all of its officers, directors, . 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). | 18 2.11 Producing Party: a Party or Non-Party that produces Disclosure oro 19 Discovery Material in this action. : 20 2.12 Professional Vendors: persons or entities that provide litigation 21 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23° and their employees and subcontractors. 24 (2.18 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL.” 26 2. 14 Receiving Party: a Party that receivess Disclosure or Discovery 27 Material from a Producing Party. 28 x 2. ' [PROPOSED] STIPULATED PROTECTIVE ORDER 3.. SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. HK However, the protections conferred by this Stipulation and Order do not cover the J following information: (a) any information that is in the public domain at the time CO of disclosure to a Receiving Party or becomes part of the public domain after its Oo 10 disclosure to a Receiving Party as a result of publication not involving a violation of .- rn this Order, including becoming part of the public record through trial or otherwise; 12 and (b) any information known to the Receiving Party prior to the disclosure or 13 obtained by the Receiving Party after the disclosure from a source who obtained the 14 information lawfully and under no obligation of confidentiality to the Designating 15 Party. Any use of Protected Material at trial shall be governed by a separate 16 agreement or order. | 17 4. DURATION 18 Even after final disposition of this litigation, the confidentiality obligations 19 imposed by this Order shall remain in effect until a Designating Party agrees - 20 otherwise in writing or a court order otherwise directs. Final disposition shall be 21 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 22 or without prejudice; and (2) final judgment herein after the completion and 23 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 24 - including the time limits for filing any motions or applications for extension of time 25 pursuant to applicable law. 26 /TI 27 28 3 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 | 5. . DESIGNATING PROTECTED MATERIAL 2 - 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 | Each Party or Non-Party that designates information or items for protection under 4 | this Order must take care to limit any such designation to specific material that 5 | qualifies under the appropriate standards. The Designating Party must designate 6 | for protection only those parts of material, documents, items, or oral or written 7 communications that qualify — so that other portions of the material, documents, g || items, or communications for which protection is not warranted are not swept | unjustifiably within the ambit of this Order. | 10 Mass, indiscriminate, or routinized designations are prohibited. Designations 11 | that are shown to be clearly unjustified or that have been made for an improper 12 || purpose (e.g., to unnecessarily encumber or retard the case development process or -13 | to impose unnecessary expenses and burdens on other parties) expose the 14 | Designating Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16 designated for protection do not qualify for protection, that Designating Party must 17 || promptly notify all other Parties that it is withdrawing the mistaken designation. 18 ‘5.2 Manner and Timing of Designations. Except as otherwise provided in 19 | this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 20 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 1 under this Order must be clearly so designated before the material is disclosed or 22 || produced. | | 23 . Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic 25 | documents, but excluding transcripts of depositions or other pretrial or trial - 26 || proceedings), that the Producing Party affix the legend “CONFIDENTIAL?” to each 27 || page that contains protected material. If only a portion or portions of the material 28 || on a page qualifies for protection, the Producing Party also must clearly identify the 4 | [PROPOSED] STIPULATED PROTECTIVE ORDER ‘protected portion(s) (e.g., by making appropriate markings in the margins). A Party or Non-Party that makes original documents or materials available for inspection need not designate them for protection until after the inspecting Party has indicated which material itwould like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed “CONFIDENTIAL,” After the inspecting Party has identified the | “ON documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, oo before producing the specified documents, the Producing Party must affix the 10 “CONFIDENTIAL” legend to each page that contains Protected Material, If only a 11 portion or portions of the material on a page qualifies for protection, the Producing 12 Party also must clearly identify the protected portion(s) (e.g., by making | 13 appropriate markings in the margins). 14 | (b) for testimony given in deposition or in other pretrial or trial 15 proceedings, that the Designating Party identify on the record, before the close of 16 the deposition, hearing, or other proceeding, all protected testimony. 17 (c) for information produced in some form other than documentary and 18 for any other tangible items, that the Producing Party affix in a prominent place on 19 the exterior of the container or containers in which the information or item is stored | 20 the legend “CONFIDENTIAL.” If only a portion or portions of the information or 21 item warrant protection, the Producing Party, to the extent practicable, shall: 22 identify the protected portion(s). 23 1 | | 24 25 26 27 28 { ¢ 5 [PROPOSED] STIPULATED PROTECTIVE ORDER 5.3 Inadvertent Failuresto Designate. If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive the Designating Party's right to secure protection under this Order for such vs) material. Upon timely correction of a designation, the Receiving Party must make . - reasonable efforts to assure that the material is treated in accordance with the in provisions of this Order. | DN 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS NN 6.1 Timing of Challenges. Any Party or Non-Party may challenge a So designation of confidentiality at any time. Unless a prompt challenge to a oOo 10 Designating Party's confidentiality designation is necessary to avoid foreseeable, 11 substantial unfairness, unnecessary economic burdens, or a significant disruption 12. or delay of the litigation, a Party does not waive its right to-challenge a 13 confidentiality designation by electing not to mount a challenge promptly after the 14 original designation is disclosed. 15 6.2 Meet and Confer, The Challenging Party shall initiate the dispute 16 resolution process by providing written notice of each designationit is challenging 17 and describing the basis for each challenge. To avoid ambiguity as to whether a 18. challenge has been made, the written notice must recite that the challenge to 19 confidentiality is being made in accordance with this specific paragraph of the 20 Protective Order. The parties shall attempt to resolve each challenge in good faith 21 and must begin the process by conferring directly (in voice to voice dialogue; other 22 ‘forms of communication are not sufficient) within 14 days of the date of service of 23 notice. In conferring, the Challenging Party. must explain the basis for its belief that 24 the confidentiality designation was not proper and must give the Designating Party 25 an opportunity to review the designated material, to reconsider the circumstances, 26 and, if no change in designation is offered, to explain the basis for the chosen 27 designation. A Challenging Party may proceed to the next stage of the challenge 28 process only if it has engaged in this meet and confer process first or establishes 6 [PROPOSED] STIPULATED PROTECTIVE ORDER that the Designating Party is unwilling to participate in the meet and confér process in a timely manner. 6.3 Judicial Intervention. If the Parties cannot resolve a challenge | without court intervention, the Designating Party shall file and serve a motion to retain confidentiality. Each such motion: must be accompanied by a competent : . declaration affirming that the movant has complied with the meet and confer DN requirements imposed in the preceding paragraph. In addition, the Challenging SN ‘Party may file a motion challenging a confidentiality designation at any time if lo] there is good cause for doing so, including a challenge to the designation ofa 10 deposition transcript or any portions thereof. Any motion brought pursuant to this 11 provision must be accompanied by a competent declaration affirming that the 12 movant has complied with the meet and confer requirements imposed by the 13 preceding paragraph. .14 | Unless the Designating Party has waived the confidentiality designation by 15 failing to file a motion to retain confidentiality as described above, all parties shall 16 continue to afford the material in question the level of protection to which it is 17 entitled under the Producing Party’s designation until the court rules on the © 18 challenge. | | 19 7. ACCESS TO AND USE OF PROTECTED MATERIAL 20 7.1- Basic Principles. A Receiving Party may use Protected Material that is 21° disclosed or produced by another Party or by a Non-Party in connection with this 2 case only for prosecuting, defending, or attempting to settle this litigation. Such 23 Protected Material may be disclosed only to the categories of persons and under the - 24 conditions described in this Order. When the litigation has been terminated, a ° 25 Receiving Party must comply with the provisions of section 13 below (FINAL 26 (DISPOSITION). . 27 Protected Material must be stored and maintained by a Receiving Party at a 28 _location and in a secure manner that ensures that access is limited to the persons 7 [PROPOSED] STIPULATED PROTECTIVE ORDER ‘ . s authorized under this Order. 7,2 Disclosure of “CONFIDENTIAL” Information or Items. Unless. otherwise ordered by the court or permitted in writing by the Designating Party, a . Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to © disclose the information for this litigation and who have signed the | “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 10 r (b) the officers, directors, and employees (including House Counsel) of the - 12 Receiving Party to whom disclosure is reasonably necessary for this litigation and 13 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (c) Experts (as defined in this Order) of the Receiving Party to whom ~ 15, disclosure is reasonably necessary for this litigation and who have signed the’ 16 “Acknowledgment and Agreement to Be Bound” (Exhibit A); . 17 (d) the court and its personnel; |18 (e)- court reporters and their staff, professional jury or trial consultants, mock 19 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this 20 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 21 (Exhibit A); 22 (f) during their depositions, witnesses in the action to whom disclosure is 23 reasonably necessary and who have signed the “Acknowledgment and Agreement to 24 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered 25 by the court. Pages of transcribed deposition testimony or exhibits to depositions 26 that reveal Protected Material must be separately bound by the court reporter and 27 may not be disclosed to anyone except as permitted under this Stipulated Protective 28 Order. 8 [PROPOSED] STIPULATED PROTECTIVE ORDER (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION | > _Ifa Party is served with a subpoena or a court order issued in other litigation WN that compels disclosure of any information or items designated in this action as BDA “CONFIDENTIAL,” that Party must: | NY (a) promptly notify in writing the Designating Party. Such notification shall co include a copy of the subpoena or court order; oOo 10 (b) promptly notify in writing the party who caused the subpoena or order to 11 issue in the other litigation that some or all of the material covered by the subpoena 12. or order is subject to this Protective Order. Such notification shall include a copy of 13. this Stipulated Protective Order; and 14 (c) cooperate with respect to all reasonable procedures sought to be pursued 15 by the Designating Party whose Protected Material may be affected. 16 If the Designating Party timely seeks a protective order, the Party served 17 with the subpoena or court order shall not’ produce any information designated iin 18 this actionas “CONFIDENTIAL” before a determination by the court from which 19 _ the subpoena or order issued, unless the Party has obtained the Designating 20 'Party’s permission. The Designating Party shall bear the burden and expense of 21 seeking protection in that court of its confidential material — and nothing in these 22 provisions should be construed as authorizing or encouraging a Receiving Party in 23 .this action to disobey a lawful directive from another court. 24 9. A NON- PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 25 _ IN THIS LITIGATION | 26 (a) The terms of this Order are applicable to information produced by a Non- 27 Party in this action and designated as “CONFIDENTIAL.” Such information - 28 ‘produced by Non-Parties in connection with this litigation is protected by the 9 [PROPOSED] STIPULATED PROTECTIVE ORDER remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s confidential information in its possession, and the Party is subject to an agreement with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: SN (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality agreement oo with a Non-Party; | 10. (2) promptly provide the Non-Party with a copy of the Stipulated Protective 11 Order in this litigation, the relevant discovery request(s), anda reasonably specific - 12 description of the information requested; and . 13 (3) make the information requested available for inspection by the Non- 14 Party. © | 15 (c) If the Non-Party fails to object or seek a protective order from this-court 16 within 14 days of receiving the notice and accompanying information, the 17 Receiving Party may produce the Non-Party’s confidential information responsive 18 to the discovery request. If the Non-Party timely seeks a protective order, the 19 Receiving Party shall not produce any information in its possession or control that 20 is subject to the confidentiality agreement with the Non-Party before a 21 determination by the court. Absent a court order to the contrary, the Non-Party 22 shall bear the burden and expense of seeking protection in this court of its 23 _ Protected Material. 24 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 25 If a Receiving Party learns that, by inadvertence or otherwise, it has ~ 26 disclosed Protected Material to any person or in any circumstance not authorized 27 under this Stipulated Protective Order, the Receiving Party must immediately (a) 28 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 10 [PROPOSED] STIPULATED PROTECTIVE ORDER best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform - the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. | | | ra INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE NHN PROTECTED MATERIAL NS When a Producing Party gives notice to Receiving Parties that certain CO _inadvertently produced material is subject to a claim of privilege or other oO 10 protection, the obligations of the Receiving Parties are those set forth by statute, It case law, and the rules of professional responsibility. (12 12. MISCELLANEOUS 13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 14 person to seek its modification by the court in the future. ° 15 12.2 Right to Assert Other Objections. By stipulating to the entry of this 16 Protective Order no Party waives any right it otherwise would have to object to 17 disclosing or producing any information or item on any ground not addressed in this 18. Stipulated Protective Order. Similarly, no Party waives any right to object on any 19 ground to use in evidence of any of the material covered by this Protective Order. 20. 12.3 Filing Protected Material. Without written permission from the - 21 Designating Party or a court order secured after appropriate notice to all interested 22 persons, a Party may not file in the public record in this action any Protected 23 Material. Instead, the Protected Material must be filed under seal. 24° 13. FINAL DISPOSITION 25 Within 60 days after the final disposition of this action, as defined in 26 paragraph 4, each Receiving Party must return all Protected Material to the 27 Producing Party or destroy such material. As used in this subdivision, “all Protected 28 Material” includes all copies, abstracts, compilations, summaries, and any other 11 [PROPOSED] STIPULATED PROTECTIVE ORDER >. format reproducing or capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, NHN compilations, summaries or any other format reproducing or capturing any of the NN Protected Material. Notwithstanding this provision, Counsel are entitled to retain CO an archival copy of all pleadings, motion papers, trial, deposition, and hearing | Oo - 10 transcripts, legal memoranda, correspondence, ‘deposition and trial exhibits, expert 11 reports, attorney work product, and consultant and expert work product, even if 12 such materials contain Protected Material. Any such archival copies that contain or 13 constitute Protected Material remain subject to this Protective Orderas set forth in 14 Section 4 (DURATION), 15 ITIS SO STIPULATED; THROUGH COUNSEL OF RECORD. 16 17 DATED: December _,2019 ‘Attorneys for City of Oakland 18 19 DATED: December _,2019 Mildred Oliver 20 21 DATED: December _,2019 a oe Attorneys for Plaintiff 22 23 PURSUANT TO STIPULATION, IT IS SO ORDERED. 24 35 DATED: 26 HON. RONNI MACLAREN 27 28 12 [PROPOSED] STIPULATED PROTECTIVE ORDER | EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND dN I, ~ [print or type full name], of WwW [printor type full address], declare. under penalty of perjury that I have read in its entirety and understand . , ws the Stipulated Protective Order that was issued by the Alameda County Superior nN Court on | in the case of Oliver v. City of Oakland, et al., Docket No. mn RG19007799. ‘J agree to comply with and to be bound by all the terms of this ao Stipulated Protective Order and I understand and acknowledge that failure to so ‘oO 10 comply could expose me to'sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in.any manner 12 any information or item that is subject to this Stipulated Protective Order to any . 43 person or entity except in strict compliance with the provisions of this Order. — 14 I further agree to submit to the jurisdiction of the Alameda County Superior Court 15. for the purpose of enforcing the terms of this Stipulated Protective Order, even if 16 such enforcement proceedings