Preview
AAA 561
John Houston Scott (SBN 72578) Fok & D
Lizabeth N. de Vries (SBN 227215) ALAMEDA COUNTY
Scott LAW FIRM DEC 13 2019
1388 Sutter Street, Suite 715
San Francisco, California 94109
Telephone: (415) 561-9600
Facsimile: (415) 561-9609
john@scoitlawfirm.net
liza(@scottlawfirm.net
Attorneys for Plaintiff MILDRED OLIVER
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF ALAMEDA — OAKLAND DIVISION
10
1 MILDRED OLIVER, Case No. RG19007799
12 Plaintiff, DISCOVERY
13
" DECLARATION OF JOHN HOUSTON
14 CITY OF OAKLAND, OAKLAND SCOTT IN SUPPORT OF PLAINTIFFE’S
POLICE DEPARTMENT, > and DOES 1- REPLY
OAKLAND’S TO DEFENDANT
OPPOSITIONCITY TO OF
15
25, inclusive. | PLAINTIFF’S MOTION FOR DISCOVERY
16 Defendants.
OF POLICE
(“PITCHESS”)
PERSONNEL
MOTION
INFORMATION
17
Date: December 20, 2019
DS
18 Time: 9:00 a.m.
Department: 25, The Honorable Ronni MacLaren
19
AG
20 Reservation No.: R-2132170
21 Date Action Filed: February 21, 2019
XO]
First Amended Complaint Filed: April 23, 2019
22 Trial Date: September 8, 2020
23
24
25
26
27
28
DECLARATION OF JOHN HOUSTON SCOTT ISO OF PLAINTIFF'S REPLY TO DEFENDANT CITY OF OAKLANDS
OPPOSITION TO PLAINTIFJF’S MOTION FOR DISCOVERY OF POLICE PERSONNEL INFORMATION (“PITCHESS”)
I,John Houston Scott, hereby declare that:
L. I am an attorney duly licensed to practice law Ithe State of California and counsel
for Plaintiff Mildred Oliver. Imake this Declaration on personal knowledge and on information
and belief in support of Ms. Oliver’s Reply to Defendant City of Oakland’s Opposition to
Plaintiff's Motion for Discovery of Police Personnel Information (“Pitchess”) Motion and the
disclosure of information in this action in which Defendants City of Oakland and the Oakland
IN
Police Department contends is protected by Penal Code Section 832.7, information protected by
Evidence Code sections 1040-1043, and information protected by CCP section 129.
CO
2. Attached as Exhibit A isa true and correct copy of the December 11, 2019 e-mail
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10 from Lizabeth N. de Vries to David Pereda.
1] 3. Attached as Exhibit B is a true and correct copy of the U.S. District Court,
715
12 Northern District Stipulated Protective Order for Standard Litigation.
94109
SUITE
FIRM
13 4. Attached as Exhibit C is a true and correct copy of the First Amended Complaint
CA
STREET,
14 filed in this matter.
LAW
FRANCISCO,
15 I declare under penalty of perjury that the foregoing istrue and correct. Ifcalled as a
SCOTT
SUTTER
16 witness, Icould and would testify competently to the matters stated herein, except as to those
SAN
1388
17 matters stated on information and belief, and as to those matters, Ibelieve them to be true.
18 Executed this 13" day of December, 2019 atSan Francisco, California.
19
20
21 fe
LATE Houston Scott
22
23
24
25
26
27
28 -|-
DECLARATION OF JOHN HOUSTON SCOTT ISO OF PLAINTIFF’S REPLY TO DEFENDANT'S CITY OF OAKLAND’S
OPPOSITION TO PLAINTIFJF’S MOTION FOR DISCOVERY OF POLICE PERSONNEL INFORMATION (“PITCHESS”)
Exhibit A
From: Lizabeth
N.deVries
To: “Pereds,
David"
Ce: debnH.Scott
Subject: Oliver
v.Oakland- meet
andconfer
reProposedStipulated
Protective
Order
Date: Wednesday,December11,20194:26:00
PM
Attachments: imanenOLong
CAND
StandardProtOrd pdf
2013-12-09
ProposedStipulated
Protective
Order
by DEFS.ndf
Dear Mr. Pereda,
The City ofOakand’s opposition to the Pitchess motion stateswith regards to a stipulatedprotective
order as follows:“the parties have already agreed tosuch an order,which the CityAttorney's Office
adapted from the Northern District’s
model order for standard litigation.”
This appears atpage 3in
the City’sresponse. John Scott asked me to write you to identifythe discrepancies between your
recently-filedproposed stipulated protective order and the Model Ninth Circuit’sversion (excluding
corollaryreferences tostate versus federal law).
Attached are your order and the Model available atnins. //wwiw cand uscourts,2ov/wp-
etent/uploads/tor: -d.pdffor your ease of
reference. Your filedproposed order deviates from the Model in 1
several ways.
. First,
your proposed order omits burden-of-persuasion language, asfollows: “The burden of
persuasion inany such challenge proceeding shall be onthe Designating Party.Frivolous challenges,
and those made foran improper purpose (e.g.,toharass or impose unnecessary expenses and
burdens on other parties}may expose the Challenging Party tosanctions.” This appears in the
second paragraph ofthe Model’s Section 6.3.Would you agree to insertthislanguage intoan
amended proposec order?
Second, insection 7.2,would you agree toadd “parties”to the list
of persons to whom disclosureof
confidentia! information or items?
Third, curiously,you inserted the plaintiff's
name, Mildred Oliver,as a signatory tothe stipulation.
This iscontrary to the model’s language. What was your intention inadding this unusual signature
line?
| askthat you please follow up with John to resolve these discrepancies,ifpossible, before the
hearing on December 20, 2019 so the parties mayjointly present a proposed stipulatedorder to the
Court, timely.Thank you.
Best regards,
Lizade Vries
Lizabeth N. de Vries |Attorney
Scorr Law Firm
_1388 Sutter Street, Ste. 715 | San Francisco, CA 94109
T: 415.561.9603; F: 415.561.9609
E: liza@scottlawfirm.net; W: www.scottlawfirmsf.com
SCOTT LAW FIRM. -
mame. Lege! advice | Human approach
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fromthe Scott
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orthework-product
doctrineandisintendedsolely
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areneither
the intended
recipient
northeemployee oragentresponsible
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orthe
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Exhibit B
=
UNITED STATES DISTRICT COURT
HN
NORTHERN DISTRICT OF CALIFORNIA
W
BR
Case No.
Plaintiff,
STIPULATED PROTECTIVE ORDER FOR
DO
Vv. STANDARD LITIGATION
SY
©
Defendant.
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et
1. PURPOSES AND LIMITATIONS '
et
Ns
Disclosure and discovery activityin this action are likely toinvolve production of
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California
Court
confidential, proprietary, or private information for which special protection from public disclosure
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and from use for any purpose other than prosecuting thislitigationmay be warranted. Accordingly,
District
OB
of
the parties hereby stipulateto and petitionthe court toenter the following Stipulated Protective
District
States
Order. The parties acknowledge that thisOrder does not confer blanket protections on alldisclosures
COoOUlUOUlmUlUCUCOOUUCCUNSCONHN
Northern
or responses to discovery and that the protection itaffords from public disclosure and use extends
United
only to the limited information oritems that are entitledto confidential treatment under the
applicable legal principles.The parties further acknowledge, as set forth inSection 12.3, below, that
this Stipulated Protective Order does not entitle them tofile confidential information under seal;
NR
Civil Local Rule 79-5 sets forth theprocedures that must be followed and the standards that willbe
|
NR
NO.
applied when a party secks permission from the court to filematerial under seal.
NR
2. DEFINITIONS
PW
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2.1 Challenging Party: aParty orNon-Party that challenges the designation of information or
items under this Order.
OH
BD
2.2. “CONFIDENTIAL” Information or Items: information (regardless of how itis
DO
BY
generated, stored or maintained) or tangible things that qualify forprotection under Federal Rule of
NY
4
Civil Procedure 26(c).
ao
Ny
2.3. Counsel (without qualifier): Outside Counsel ofRecord and House Counsel (as well
as their support staff).
2.4 Designating Party: a Party or Non-Party that designates information or items that it
produces in disclosures or inresponses to discovery as “CONFIDENTIAL.” |
2.5 Disclosure or Discovery Material: allitems or information, regardless of the medium
sr
or manner inwhich itisgenerated, stored, or maintained (including, among other things, testimony,
NN
transcripts, and tangible things), that are produced or generated in disclosures or responses to
a
discovery in thismatter.
2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to
10 the litigationwho has been retained by a Party or itscounsel to serve as an expert witness or as a
li consultant in thisaction. |
12 2.7 House Counsel: attorneys who are employees of aparty tothis action. House
13 Counsel does not include Outside Counsel of Record or any other outside counsel.
14 2.8 | Non-Party: any natural person, partnership, corporation, association, or other legal
entity not named asa Party to thisaction.
16 2.9 Qutside Counsel of Record: attorneys who are not employees ofa party to this action
17 but are retained to represent or advise a party to thisaction and have appeared in thisaction on
18 behalf of that party or are affiliatedwith a law firm which has appeared on behalf ofthat party.
19 2.10 Party: any party tothis action, including all of itsofficers,directors, employees,
20 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
21 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
Material inthis action.
23 2.12 Professional Vendors: persons or entitiesthat provide litigationsupport services
24 (e.g.,photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,
25 storing, or retrieving data in any form or medium) and theiremployees and subcontractors.
26 2.13 Protected Material: any Disclosure or Discovery Material thatis designated as
27 “CONFIDENTIAL.”
28 2.14 Receiving Party: a Party that receives Disclosure orDiscovery Material from a
2
Producing Party.
3. SCOPE
The protections conferred by thisStipulation 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 theirCounsel that might reveal Protected Material.
NH
However, the protections conferred by this Stipulation and Order do not cover the following
YN
information: (a) any information thatis inthe public domain at the time of disclosure toa Receiving
CO
Party or becomes part of the public domain afterits disclosure to a Receiving Party as a result of
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10 publication not involving a violation of thisOrder, including becoming part ofthe public record
ll through trialor otherwise; and (b) any information known to theReceiving Party prior to the
12 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the
13 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of
14 Protected Material attrialshall be governed by a separate agreement or order.
15 4. DURATION
16 Even after finaldisposition of thislitigation,the confidentiality obligations imposed by this
17 Order shall remain in effectuntil a Designating Party agrees otherwise in writing or a court order
18 otherwise directs. Final disposition shall be deemed to be the laterof (1) dismissal of all claims and
19 defenses in thisaction, with orwithout prejudice; and (2) finaljudgment herein after the completion
20 and exhaustion of allappeals, rehearings, remands, trials,or reviews of thisaction, including the
21 time limits for filing any motions or applications for extension of time pursuant to applicable law.
22 5. DESIGNATING PROTECTED MATERIAL
23 3.1 Exercise of Restraint and Care in Designating Material for Protection, Each Party or
24 Non-Party that designates information or items for protection under this Order must take care to
limit any such designation to specific material that qualifiesunder the appropriate standards. The
26 Designating Party must designate forprotection only those parts ofmaterial, documents, items, or
27 oral or written communications thatqualify — so that other portions ofthe material, documents,
28 items, or communications forwhich protection isnot warranted are not swept unjustifiably within
3
the ambit ofthis Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations thatare shown
to be clearly unjustified or that have been made for an improper purpose (e.g.,to unnecessarily
encumber or retard the case development process or to impose unnecessary expenses and burdens on
other parties) expose the Designating Party to sanctions.
If itcomes to a Designating Party’s attention thatinformation or items that itdesignated for
FD
protection do not qualify for protection, that Designating Party must promptly notify allother Parties
that itiswithdrawing the mistaken designation.
Co
5.2. Manner and Timing of Designations. Except as otherwise provided in thisOrder
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10 (see, c.g.,second paragraph of section 5.2(a)below), or as otherwise stipulated or ordered,
1] Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
12 designated before thematerial is disclosed or produced.
13 Designation inconformity with this Order requires:
14 (a) for information indocumentary form (e.g.,
paper or electronic documents, but
15 excluding transcripts of depositions or other pretrialor trialproceedings), that the Producing Party
16 affix the legend “CONFIDENTIAL” to each page that contains protected material. Ifonly aportion
17 or portions of the material on a page qualifiesfor protection, the Producing Party also must clearly
18 identify the protected portion(s) (e.g.,by making appropriate markings in the margins).
19 A Party or Non-Party thatmakes original documents or materials available forinspection need not
20 designate them forprotection until afterthe inspecting Party has indicated which material itwould
21 like copied and produced. During the inspection and before the designation, allof the material made
22 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
23 identified the documents itwants copied and produced, the Producing Party must determine which
24 documents, or portions thereof, qualify forprotection under this Order. Then, before producing the
25 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page
26 that contains Protected Material. Ifonly a portion orportions of the material on a page qualifies for
27 protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,by making
28 appropriate markings in the margins).
(b) for testimony given in deposition orin other pretrial or trialproceedings, thatthe
Designating Party identify on the record, before the close of the deposition, hearing, or other
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proceeding, allprotected testimony.
(c) for information produced in some form other than documentary and for any other
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tangible items, that the Producing Party affix ina prominent place on the exterior of the container or
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containers inwhich the information or item is stored the legend “CONFIDENTIAL.” Ifonly a
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portion orportions of the information or item warrant protection, the Producing Party, tothe extent
SS
practicable, shall identify the protected portion(s).
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5.3 Inadvertent Failures to Designate. Iftimely corrected, an inadvertent failureto
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10 designate qualified information or items does not, standing alone, waive the Designating Party’s
11 right to secure protection under this Order for such material. Upon timely correction ofa
12 designation, the Receiving Party must make reasonable effortsto assure thatthe material istreated in
13 accordance with the provisions of thisOrder.
14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
16 confidentiality at any time. Unless aprompt challenge toa Designating Party’s confidentiality
17 designation isnecessary toavoid foreseeable, substantial unfairness, unnecessary economic burdens,
18 or a significant disruption or delay of the litigation,
a Party does not waive itsright to challenge a
19 confidentiality designation by electing not to mount a challenge promptly after the original
20 designation isdisclosed.
21 6.2 | Meetand Confer. The Challenging Party shall initiatethe dispute resolution process
22 by providing written notice of each designation it ischallenging and describing the basis for each
23 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must
24 recite thatthe challenge to confidentiality is being made inaccordance with this specific paragraph
25 of the Protective Order. The parties shallattempt to resolve each challenge ingood faith and must
26 begin the process by conferring directly(in voice to voice dialogue; other forms of communication
27 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging
28 Party must explain the basis for itsbeliefthat the confidentiality designation was not proper and
5
must give the Designating Party an opportunity to review the designated material, to reconsider the
=
circumstances, and, ifno change in designation is offered, toexplain the basis for the chosen
NH
designation. A Challenging Party may proceed tothe next stage of the challenge process only if it
BRD
has engaged inthis meet and confer process firstor establishes thatthe Designating Party is
HR
unwilling to participatein the meet and confer process ina timely manner.
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6.3 Judicial Intervention. Ifthe Parties cannot resolve a challenge without court
BDO
intervention, the Designating Party shall fileand serve amotion to retainconfidentiality under Civil
NIN
Local Rule 7(and in compliance with Civil Local Rule 79-5, ifapplicable) within 21 days of the
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initialnotice of challenge or within 14 days of the parties agreeing that the meet and confer process
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will not resolve their dispute, whichever isearlier.Each such motion must be accompanied by a
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competent declaration affirming that the movant has complied with the meet and confer
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requirements imposed in the preceding paragraph. Failure by the Designating Party tomake such a
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ets
motion including the required declaration within 21 days (or14 days, ifapplicable) shall
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automatically waive the confidentiality designation for each challenged designation. Inaddition, the
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Challenging Party may file amotion challenging a confidentiality designation atany time ifthere is
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good cause fordoing so, including achallenge to the designation of a deposition transcript or any
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portions thereof.Any motion brought pursuant to thisprovision must be accompanied by a
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competent declaration affirming that the movant has complied with the meet and confer
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requirements imposed by the preceding paragraph.
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The burden of persuasion in any such challenge proceeding shall be on the Designating
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DD
Party. Frivolous challenges, and those made for an improper purpose (e.g.,to harass or impose
DD
unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions,
ND
KN
Unless the Designating Party has waived theconfidentiality designation by failing tofile amotion to
ND
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retain confidentiality as described above, allparties shallcontinue to afford the material inquestion
ND
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the level of protection to which itis entitledunder the Producing Party’s designation untilthe court
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rules on the challenge.
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NB
7. ACCESS TO AND USE OF PROTECTED MATERIAL
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7.1 Basic Principles. A Receiving Party may use Protected Material that isdisclosed or
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NO
6
produced by another Party or by a Non-Party in connection with this case only forprosecuting,
for
defending, or attempting to settlethis litigation.Such Protected Material may be disclosed only to
KH
the categories ofpersons and under the conditions described in thisOrder. When the litigationhas
WH
been terminated, aReceiving Party must comply with the provisions of section 13 below (FINAL
BSB
DISPOSITION).
WA
Protected Material must be stored and maintained by a Receiving Party ata location and in a
BWA
secure manner that ensures thataccess islimited to the persons authorized under this Order.
4
7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by
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the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
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information or item designated “CONFIDENTIAL” only to:
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(a) the Receiving Party’s Outside Counsel of Record inthis action, aswell as employees
KF
meee
of said Outside Counsel of Record towhom itisreasonably necessary todisclose the information for
NO
this litigationand who have signed the “Acknowledgment and Agreement to Be Bound” that is
WS
attached hereto as Exhibit A;
FP
(b) the officers, directors,and employees (including House Counsel) of the Receiving
UN
Party to whom disclosure isreasonably necessary for thislitigationand who have signed the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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(c) Experts (as defined in this Order) ofthe Receiving Party to whom disclosure is
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reasonably necessary forthis litigationand who have signed the “Acknowledgment and Agreement
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to Be Bound” (Exhibit A);
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(d) the court and itspersonnel;
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(e) court reporters and their staff,professional jury or trialconsultants, mock jurors, and
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Professional Vendors towhom disclosure is reasonably necessary for thislitigationand who have
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signed the “Acknowledgment and Agreement toBe Bound” (Exhibit A);
ND
F&F
(f) during theirdepositions, witnesses inthe action to whom disclosure isreasonably
ND
A
necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
DBD
NB
unless otherwise agreed by the Designating Party or ordered by thecourt. Pages of transcribed
YA
NHN
deposition testimony or exhibits to depositions thatreveal Protected Material must be separately
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7
bound by the court reporter and may not be disclosed toanyone except as permitted under this
Stipulated Protective Order.
(g) theauthor or recipient of adocument containing the information or a custodian or
other person who otherwise possessed orknew the information.
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
LITIGATION
Ifa Party isserved with a subpoena or acourt order issued in other litigationthat compels
disclosure ofany information or items designated inthis action as “CONFIDENTIAL,” that Party
must:
(a) promptly notify inwriting the Designating Party. Such notification shall include a
copy of the subpoena orcourt order,
(b) promptly notify in writing the party who caused the subpoena or order to issue in the
other litigation thatsome orall of thematerial covered by the subpoena or order is subject to this
Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
(c} cooperate with respect to allreasonable procedures sought to be pursued by the
Designating Party whose Protected Material may be affected.
Ifthe Designating Party timely seeks a protective order, the Party served with the subpoena
or court order shall not produce any information designated in this action as “CONFIDENTIAL”
before adetermination by the court from which thesubpoena or order issued, unless the Party has
obtained the Designating Party’s permission. The Designating Party shall bear the burden and
expense of secking protection inthat court of itsconfidential material — and nothing in these
provisions should be construed as authorizing or encouraging aReceiving Party in thisaction to
disobey a lawful directive from another court.
9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
LITIGATION
(a) The terms of thisOrder are applicable toinformation produced by a Non-Party in this
action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in
connection with thislitigation isprotected by the remedies and reliefprovided by this Order.
8
Nothing in these provisions should be construed as prohibiting aNon-Party from seeking additional
protections.
WN
(b) Inthe event that aParty isrequired, by avalid discovery request,to produce aNon-
WwW
Party’s confidential information in itspossession, and the Party is subject to an agreement with the
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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
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allof the information requested is subject to a confidentiality agreement with a Non-Party;
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(2) promptly provide the Non-Party with a copy ofthe Stipulated Protective Order in
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this litigation,
the relevant discovery request(s), and a reasonably specific description ofthe
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10 information requested; and
1 (3) make the information requested
Preview
AAA 561 John Houston Scott (SBN 72578) Fok & D Lizabeth N. de Vries (SBN 227215) ALAMEDA COUNTY Scott LAW FIRM DEC 13 2019 1388 Sutter Street, Suite 715 San Francisco, California 94109 Telephone: (415) 561-9600 Facsimile: (415) 561-9609 john@scoitlawfirm.net liza(@scottlawfirm.net Attorneys for Plaintiff MILDRED OLIVER SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF ALAMEDA — OAKLAND DIVISION 10 1 MILDRED OLIVER, Case No. RG19007799 12 Plaintiff, DISCOVERY 13 " DECLARATION OF JOHN HOUSTON 14 CITY OF OAKLAND, OAKLAND SCOTT IN SUPPORT OF PLAINTIFFE’S POLICE DEPARTMENT, > and DOES 1- REPLY OAKLAND’S TO DEFENDANT OPPOSITIONCITY TO OF 15 25, inclusive. | PLAINTIFF’S MOTION FOR DISCOVERY 16 Defendants. OF POLICE (“PITCHESS”) PERSONNEL MOTION INFORMATION 17 Date: December 20, 2019 DS 18 Time: 9:00 a.m. Department: 25, The Honorable Ronni MacLaren 19 AG 20 Reservation No.: R-2132170 21 Date Action Filed: February 21, 2019 XO] First Amended Complaint Filed: April 23, 2019 22 Trial Date: September 8, 2020 23 24 25 26 27 28 DECLARATION OF JOHN HOUSTON SCOTT ISO OF PLAINTIFF'S REPLY TO DEFENDANT CITY OF OAKLANDS OPPOSITION TO PLAINTIFJF’S MOTION FOR DISCOVERY OF POLICE PERSONNEL INFORMATION (“PITCHESS”) I,John Houston Scott, hereby declare that: L. I am an attorney duly licensed to practice law Ithe State of California and counsel for Plaintiff Mildred Oliver. Imake this Declaration on personal knowledge and on information and belief in support of Ms. Oliver’s Reply to Defendant City of Oakland’s Opposition to Plaintiff's Motion for Discovery of Police Personnel Information (“Pitchess”) Motion and the disclosure of information in this action in which Defendants City of Oakland and the Oakland IN Police Department contends is protected by Penal Code Section 832.7, information protected by Evidence Code sections 1040-1043, and information protected by CCP section 129. CO 2. Attached as Exhibit A isa true and correct copy of the December 11, 2019 e-mail Oo 10 from Lizabeth N. de Vries to David Pereda. 1] 3. Attached as Exhibit B is a true and correct copy of the U.S. District Court, 715 12 Northern District Stipulated Protective Order for Standard Litigation. 94109 SUITE FIRM 13 4. Attached as Exhibit C is a true and correct copy of the First Amended Complaint CA STREET, 14 filed in this matter. LAW FRANCISCO, 15 I declare under penalty of perjury that the foregoing istrue and correct. Ifcalled as a SCOTT SUTTER 16 witness, Icould and would testify competently to the matters stated herein, except as to those SAN 1388 17 matters stated on information and belief, and as to those matters, Ibelieve them to be true. 18 Executed this 13" day of December, 2019 atSan Francisco, California. 19 20 21 fe LATE Houston Scott 22 23 24 25 26 27 28 -|- DECLARATION OF JOHN HOUSTON SCOTT ISO OF PLAINTIFF’S REPLY TO DEFENDANT'S CITY OF OAKLAND’S OPPOSITION TO PLAINTIFJF’S MOTION FOR DISCOVERY OF POLICE PERSONNEL INFORMATION (“PITCHESS”) Exhibit A From: Lizabeth N.deVries To: “Pereds, David" Ce: debnH.Scott Subject: Oliver v.Oakland- meet andconfer reProposedStipulated Protective Order Date: Wednesday,December11,20194:26:00 PM Attachments: imanenOLong CAND StandardProtOrd pdf 2013-12-09 ProposedStipulated Protective Order by DEFS.ndf Dear Mr. Pereda, The City ofOakand’s opposition to the Pitchess motion stateswith regards to a stipulatedprotective order as follows:“the parties have already agreed tosuch an order,which the CityAttorney's Office adapted from the Northern District’s model order for standard litigation.” This appears atpage 3in the City’sresponse. John Scott asked me to write you to identifythe discrepancies between your recently-filedproposed stipulated protective order and the Model Ninth Circuit’sversion (excluding corollaryreferences tostate versus federal law). Attached are your order and the Model available atnins. //wwiw cand uscourts,2ov/wp- etent/uploads/tor: -d.pdffor your ease of reference. Your filedproposed order deviates from the Model in 1 several ways. . First, your proposed order omits burden-of-persuasion language, asfollows: “The burden of persuasion inany such challenge proceeding shall be onthe Designating Party.Frivolous challenges, and those made foran improper purpose (e.g.,toharass or impose unnecessary expenses and burdens on other parties}may expose the Challenging Party tosanctions.” This appears in the second paragraph ofthe Model’s Section 6.3.Would you agree to insertthislanguage intoan amended proposec order? Second, insection 7.2,would you agree toadd “parties”to the list of persons to whom disclosureof confidentia! information or items? Third, curiously,you inserted the plaintiff's name, Mildred Oliver,as a signatory tothe stipulation. This iscontrary to the model’s language. What was your intention inadding this unusual signature line? | askthat you please follow up with John to resolve these discrepancies,ifpossible, before the hearing on December 20, 2019 so the parties mayjointly present a proposed stipulatedorder to the Court, timely.Thank you. Best regards, Lizade Vries Lizabeth N. de Vries |Attorney Scorr Law Firm _1388 Sutter Street, Ste. 715 | San Francisco, CA 94109 T: 415.561.9603; F: 415.561.9609 E: liza@scottlawfirm.net; W: www.scottlawfirmsf.com SCOTT LAW FIRM. - mame. Lege! advice | Human approach Privilegedand Confidential: Thiselectronic message contains information fromthe Scott Law Firmwhich may be confidential orprotected by theattorney-client privilege orthework-product doctrineandisintendedsolely for the useof theaddresseelisted above.if you areneither the intended recipient northeemployee oragentresponsible for delivering this electronic message totheintended recipient, you areherebynotified thatanydisclosure, copying,distribution orthe useofthe content ofthiselectronic message isstrictly prohibited. If you have received this electronic messageinerror, pleaseimmediately notify us byreplying tothismessageand deletetheoriginal message. Exhibit B = UNITED STATES DISTRICT COURT HN NORTHERN DISTRICT OF CALIFORNIA W BR Case No. Plaintiff, STIPULATED PROTECTIVE ORDER FOR DO Vv. STANDARD LITIGATION SY © Defendant. Oo et 1. PURPOSES AND LIMITATIONS ' et Ns Disclosure and discovery activityin this action are likely toinvolve production of tn California Court confidential, proprietary, or private information for which special protection from public disclosure ete and from use for any purpose other than prosecuting thislitigationmay be warranted. Accordingly, District OB of the parties hereby stipulateto and petitionthe court toenter the following Stipulated Protective District States Order. The parties acknowledge that thisOrder does not confer blanket protections on alldisclosures COoOUlUOUlmUlUCUCOOUUCCUNSCONHN Northern or responses to discovery and that the protection itaffords from public disclosure and use extends United only to the limited information oritems that are entitledto confidential treatment under the applicable legal principles.The parties further acknowledge, as set forth inSection 12.3, below, that this Stipulated Protective Order does not entitle them tofile confidential information under seal; NR Civil Local Rule 79-5 sets forth theprocedures that must be followed and the standards that willbe | NR NO. applied when a party secks permission from the court to filematerial under seal. NR 2. DEFINITIONS PW NN 2.1 Challenging Party: aParty orNon-Party that challenges the designation of information or items under this Order. OH BD 2.2. “CONFIDENTIAL” Information or Items: information (regardless of how itis DO BY generated, stored or maintained) or tangible things that qualify forprotection under Federal Rule of NY 4 Civil Procedure 26(c). ao Ny 2.3. Counsel (without qualifier): Outside Counsel ofRecord and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or inresponses to discovery as “CONFIDENTIAL.” | 2.5 Disclosure or Discovery Material: allitems or information, regardless of the medium sr or manner inwhich itisgenerated, stored, or maintained (including, among other things, testimony, NN transcripts, and tangible things), that are produced or generated in disclosures or responses to a discovery in thismatter. 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 10 the litigationwho has been retained by a Party or itscounsel to serve as an expert witness or as a li consultant in thisaction. | 12 2.7 House Counsel: attorneys who are employees of aparty tothis action. House 13 Counsel does not include Outside Counsel of Record or any other outside counsel. 14 2.8 | Non-Party: any natural person, partnership, corporation, association, or other legal entity not named asa Party to thisaction. 16 2.9 Qutside Counsel of Record: attorneys who are not employees ofa party to this action 17 but are retained to represent or advise a party to thisaction and have appeared in thisaction on 18 behalf of that party or are affiliatedwith a law firm which has appeared on behalf ofthat party. 19 2.10 Party: any party tothis action, including all of itsofficers,directors, employees, 20 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 21 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material inthis action. 23 2.12 Professional Vendors: persons or entitiesthat provide litigationsupport services 24 (e.g.,photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 25 storing, or retrieving data in any form or medium) and theiremployees and subcontractors. 26 2.13 Protected Material: any Disclosure or Discovery Material thatis designated as 27 “CONFIDENTIAL.” 28 2.14 Receiving Party: a Party that receives Disclosure orDiscovery Material from a 2 Producing Party. 3. SCOPE The protections conferred by thisStipulation 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 theirCounsel that might reveal Protected Material. NH However, the protections conferred by this Stipulation and Order do not cover the following YN information: (a) any information thatis inthe public domain at the time of disclosure toa Receiving CO Party or becomes part of the public domain afterits disclosure to a Receiving Party as a result of oO 10 publication not involving a violation of thisOrder, including becoming part ofthe public record ll through trialor otherwise; and (b) any information known to theReceiving Party prior to the 12 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 13 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 14 Protected Material attrialshall be governed by a separate agreement or order. 15 4. DURATION 16 Even after finaldisposition of thislitigation,the confidentiality obligations imposed by this 17 Order shall remain in effectuntil a Designating Party agrees otherwise in writing or a court order 18 otherwise directs. Final disposition shall be deemed to be the laterof (1) dismissal of all claims and 19 defenses in thisaction, with orwithout prejudice; and (2) finaljudgment herein after the completion 20 and exhaustion of allappeals, rehearings, remands, trials,or reviews of thisaction, including the 21 time limits for filing any motions or applications for extension of time pursuant to applicable law. 22 5. DESIGNATING PROTECTED MATERIAL 23 3.1 Exercise of Restraint and Care in Designating Material for Protection, Each Party or 24 Non-Party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifiesunder the appropriate standards. The 26 Designating Party must designate forprotection only those parts ofmaterial, documents, items, or 27 oral or written communications thatqualify — so that other portions ofthe material, documents, 28 items, or communications forwhich protection isnot warranted are not swept unjustifiably within 3 the ambit ofthis Order. Mass, indiscriminate, or routinized designations are prohibited. Designations thatare shown to be clearly unjustified or that have been made for an improper purpose (e.g.,to unnecessarily encumber or retard the case development process or to impose unnecessary expenses and burdens on other parties) expose the Designating Party to sanctions. If itcomes to a Designating Party’s attention thatinformation or items that itdesignated for FD protection do not qualify for protection, that Designating Party must promptly notify allother Parties that itiswithdrawing the mistaken designation. Co 5.2. Manner and Timing of Designations. Except as otherwise provided in thisOrder Oo 10 (see, c.g.,second paragraph of section 5.2(a)below), or as otherwise stipulated or ordered, 1] Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 12 designated before thematerial is disclosed or produced. 13 Designation inconformity with this Order requires: 14 (a) for information indocumentary form (e.g., paper or electronic documents, but 15 excluding transcripts of depositions or other pretrialor trialproceedings), that the Producing Party 16 affix the legend “CONFIDENTIAL” to each page that contains protected material. Ifonly aportion 17 or portions of the material on a page qualifiesfor protection, the Producing Party also must clearly 18 identify the protected portion(s) (e.g.,by making appropriate markings in the margins). 19 A Party or Non-Party thatmakes original documents or materials available forinspection need not 20 designate them forprotection until afterthe inspecting Party has indicated which material itwould 21 like copied and produced. During the inspection and before the designation, allof the material made 22 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 23 identified the documents itwants copied and produced, the Producing Party must determine which 24 documents, or portions thereof, qualify forprotection under this Order. Then, before producing the 25 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 26 that contains Protected Material. Ifonly a portion orportions of the material on a page qualifies for 27 protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,by making 28 appropriate markings in the margins). (b) for testimony given in deposition orin other pretrial or trialproceedings, thatthe Designating Party identify on the record, before the close of the deposition, hearing, or other Ww proceeding, allprotected testimony. (c) for information produced in some form other than documentary and for any other & tangible items, that the Producing Party affix ina prominent place on the exterior of the container or oO containers inwhich the information or item is stored the legend “CONFIDENTIAL.” Ifonly a DH portion orportions of the information or item warrant protection, the Producing Party, tothe extent SS practicable, shall identify the protected portion(s). Se 5.3 Inadvertent Failures to Designate. Iftimely corrected, an inadvertent failureto oO 10 designate qualified information or items does not, standing alone, waive the Designating Party’s 11 right to secure protection under this Order for such material. Upon timely correction ofa 12 designation, the Receiving Party must make reasonable effortsto assure thatthe material istreated in 13 accordance with the provisions of thisOrder. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 16 confidentiality at any time. Unless aprompt challenge toa Designating Party’s confidentiality 17 designation isnecessary toavoid foreseeable, substantial unfairness, unnecessary economic burdens, 18 or a significant disruption or delay of the litigation, a Party does not waive itsright to challenge a 19 confidentiality designation by electing not to mount a challenge promptly after the original 20 designation isdisclosed. 21 6.2 | Meetand Confer. The Challenging Party shall initiatethe dispute resolution process 22 by providing written notice of each designation it ischallenging and describing the basis for each 23 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 24 recite thatthe challenge to confidentiality is being made inaccordance with this specific paragraph 25 of the Protective Order. The parties shallattempt to resolve each challenge ingood faith and must 26 begin the process by conferring directly(in voice to voice dialogue; other forms of communication 27 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 28 Party must explain the basis for itsbeliefthat the confidentiality designation was not proper and 5 must give the Designating Party an opportunity to review the designated material, to reconsider the = circumstances, and, ifno change in designation is offered, toexplain the basis for the chosen NH designation. A Challenging Party may proceed tothe next stage of the challenge process only if it BRD has engaged inthis meet and confer process firstor establishes thatthe Designating Party is HR unwilling to participatein the meet and confer process ina timely manner. HR 6.3 Judicial Intervention. Ifthe Parties cannot resolve a challenge without court BDO intervention, the Designating Party shall fileand serve amotion to retainconfidentiality under Civil NIN Local Rule 7(and in compliance with Civil Local Rule 79-5, ifapplicable) within 21 days of the CO initialnotice of challenge or within 14 days of the parties agreeing that the meet and confer process oO will not resolve their dispute, whichever isearlier.Each such motion must be accompanied by a OC competent declaration affirming that the movant has complied with the meet and confer &S requirements imposed in the preceding paragraph. Failure by the Designating Party tomake such a HY ets motion including the required declaration within 21 days (or14 days, ifapplicable) shall WY automatically waive the confidentiality designation for each challenged designation. Inaddition, the FF Challenging Party may file amotion challenging a confidentiality designation atany time ifthere is Or good cause fordoing so, including achallenge to the designation of a deposition transcript or any DO portions thereof.Any motion brought pursuant to thisprovision must be accompanied by a HS competent declaration affirming that the movant has complied with the meet and confer CO requirements imposed by the preceding paragraph. Oo The burden of persuasion in any such challenge proceeding shall be on the Designating CO DD Party. Frivolous challenges, and those made for an improper purpose (e.g.,to harass or impose DD unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions, ND KN Unless the Designating Party has waived theconfidentiality designation by failing tofile amotion to ND BH retain confidentiality as described above, allparties shallcontinue to afford the material inquestion ND & the level of protection to which itis entitledunder the Producing Party’s designation untilthe court Dn NR rules on the challenge. DR NB 7. ACCESS TO AND USE OF PROTECTED MATERIAL ~b NH 7.1 Basic Principles. A Receiving Party may use Protected Material that isdisclosed or CO NO 6 produced by another Party or by a Non-Party in connection with this case only forprosecuting, for defending, or attempting to settlethis litigation.Such Protected Material may be disclosed only to KH the categories ofpersons and under the conditions described in thisOrder. When the litigationhas WH been terminated, aReceiving Party must comply with the provisions of section 13 below (FINAL BSB DISPOSITION). WA Protected Material must be stored and maintained by a Receiving Party ata location and in a BWA secure manner that ensures thataccess islimited to the persons authorized under this Order. 4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by SCS the court or permitted in writing by the Designating Party, a Receiving Party may disclose any Oo information or item designated “CONFIDENTIAL” only to: © (a) the Receiving Party’s Outside Counsel of Record inthis action, aswell as employees KF meee of said Outside Counsel of Record towhom itisreasonably necessary todisclose the information for NO this litigationand who have signed the “Acknowledgment and Agreement to Be Bound” that is WS attached hereto as Exhibit A; FP (b) the officers, directors,and employees (including House Counsel) of the Receiving UN Party to whom disclosure isreasonably necessary for thislitigationand who have signed the HDR “Acknowledgment and Agreement to Be Bound” (Exhibit A); YD (c) Experts (as defined in this Order) ofthe Receiving Party to whom disclosure is COC reasonably necessary forthis litigationand who have signed the “Acknowledgment and Agreement OO to Be Bound” (Exhibit A); OD ND (d) the court and itspersonnel; RD KK (e) court reporters and their staff,professional jury or trialconsultants, mock jurors, and RD NH Professional Vendors towhom disclosure is reasonably necessary for thislitigationand who have RD Ww signed the “Acknowledgment and Agreement toBe Bound” (Exhibit A); ND F&F (f) during theirdepositions, witnesses inthe action to whom disclosure isreasonably ND A necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), DBD NB unless otherwise agreed by the Designating Party or ordered by thecourt. Pages of transcribed YA NHN deposition testimony or exhibits to depositions thatreveal Protected Material must be separately oo Re 7 bound by the court reporter and may not be disclosed toanyone except as permitted under this Stipulated Protective Order. (g) theauthor or recipient of adocument containing the information or a custodian or other person who otherwise possessed orknew the information. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION Ifa Party isserved with a subpoena or acourt order issued in other litigationthat compels disclosure ofany information or items designated inthis action as “CONFIDENTIAL,” that Party must: (a) promptly notify inwriting the Designating Party. Such notification shall include a copy of the subpoena orcourt order, (b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation thatsome orall of thematerial covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and (c} cooperate with respect to allreasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. Ifthe Designating Party timely seeks a protective order, the Party served with the subpoena or court order shall not produce any information designated in this action as “CONFIDENTIAL” before adetermination by the court from which thesubpoena or order issued, unless the Party has obtained the Designating Party’s permission. The Designating Party shall bear the burden and expense of secking protection inthat court of itsconfidential material — and nothing in these provisions should be construed as authorizing or encouraging aReceiving Party in thisaction to disobey a lawful directive from another court. 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of thisOrder are applicable toinformation produced by a Non-Party in this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection with thislitigation isprotected by the remedies and reliefprovided by this Order. 8 Nothing in these provisions should be construed as prohibiting aNon-Party from seeking additional protections. WN (b) Inthe event that aParty isrequired, by avalid discovery request,to produce aNon- WwW Party’s confidential information in itspossession, 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: tar (1) promptly notify in writing the Requesting Party and the Non-Party that some or D allof the information requested is subject to a confidentiality agreement with a Non-Party; s (2) promptly provide the Non-Party with a copy ofthe Stipulated Protective Order in ca this litigation, the relevant discovery request(s), and a reasonably specific description ofthe oO 10 information requested; and 1 (3) make the information requested