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Protective Order 

CASE NO. C08-5585 JS 

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DENNIS J. HERRERA, State Bar #139669 

City Attorney 

JOANNE HOEPER, State Bar #114961 

Chief Trial Deputy 

SEAN F. CONNOLLY, State Bar #152235 

Deputy City Attorney 

Fox Plaza 

1390 Market Street, 6th Floor 

San Francisco, California 94102-5408 

Telephone: (415) 554-3863 

Facsimile: (415) 554-3837 

E-Mail: sean.connolly@sfgov.org 

Attorneys for Defendant 

CITY AND COUNTY OF SAN FRANCISCO 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

JEFFREY BITTON, MICHA BITTON AND 

SANDRA BITTON, 

 Plaintiffs, 

 vs. 

CITY AND COUNTY OF SAN 

FRANCISCO, a municipal entity, SAN 

FRANCISCO POLICE DEPARTMENT 

CAPTAIN DAVID LAZAR, POLICE 

OFFICER BERKE (SFPD BADGE NO. 

2240), POLICE OFFICER BRENT 

BRADFORD (SFPD BADGE NO. 4199), 

POLICE OFFIER NG (SFPD BADGE NO. 

338),POLICE OFFICER DOWKY (SFPD 

BADGE NO. 799), POLICE OFFICER 

MARON (SFPD BADGE NO. 1929), POLICE 

OFFICER NEWBECK (SFPD BADGE NO. 

1691), POLICE OFFICER PAPALE (SFPD 

BADGE NO. 642), POLICE OFFICER 

JONES (SFPD BADGE NO. 852), POLICE 

OFFICER GARDEN (SFPD BADGE NO. 

404), POLICE OFFICER MCKINNEY (SFPD 

BADGE NO. 4), POLICE OFFICER 

LIBERTA (SFPD BADGE NO. 682), and 

DOES 1-100, 

 Defendants. 

Case No. C08-5585 MMC 

STIPULATION AND [PROPOSED] 

PROTECTIVE ORDER REGARDING 

PRODUCTION OF CONFIDENTIAL LAW 

ENFORCEMENT RECORDS 

Case 3:08-cv-05585-MMC Document 25 Filed 01/15/10 Page 1 of 9
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Protective Order 

CASE NO. C08-5585 JS 

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STIPULATED PROTECTIVE ORDER 

Pursuant to Federal Rule of Civil Procedure 26(c) the parties have met and conferred and agree 

that the discovery of CONFIDENTIAL INFORMATION in this matter be made pursuant to the terms 

of this PROTECTIVE ORDER. 

GOOD CAUSE APPEARING, the parties stipulate, though their attorneys of record, to the 

entry of an order as follows: 

1. CONFIDENTIAL INFORMATION, within the meaning of this PROTECTIVE 

ORDER, shall include all documents containing official information privileged materials, criminal 

investigation materials and any other such documents that defendants in good faith have determined to 

be confidential. Defendants shall attempt to stamp "Confidential" on all such documents prior to 

production. In the event that any CONFIDENTIAL INFORMATION is inadvertently not stamped as 

"Confidential" by defendants, the party who notices this oversight shall immediately make it known to 

the other parties and the documents shall immediately be stamped as "Confidential" and treated as 

such, as per this order. Further, to the extent that CONFIDENTIAL INFORMATION has been 

produced, this PROTECTIVE ORDER shall encompass all documents previously produced in any 

disclosure required by FRCP Rule 26. 

2. All documents, including, but not limited to, audiotapes, videotapes, photographs, 

transcripts, etc., related to the criminal investigation incidental to the event forming the basis of this 

lawsuit shall be deemed CONFIDENTIAL INFORMATION, within the meaning of this stipulation. 

3. Plaintiff may challenge defendants’ designation of a particular document as 

CONFIDENTIAL INFORMATION by filing an appropriate motion, under seal, with the Court. The 

parties agree that the prevailing party in a motion to remove the confidential designation shall waive 

any entitlement to monetary sanctions, including attorney’s fees.

4. Unless disclosure is ordered by the Court, attorneys for defendants shall have the sole 

authority to determine that documents subject to the PROTECTIVE ORDER are no longer considered 

CONFIDENTIAL INFORMATION and will advise counsel for plaintiff in writing if this 

determination is made. Further, this PROTECTIVE ORDER covers any and all information about any 

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Protective Order 

CASE NO. C08-5585 JS 

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third-parties contained in any such document produced pursuant to this Order, but the City may 

require in its discretion whether production of such information must be further ordered by this Court.

To the extent that the City withholds such information about third-parties, it shall produce a privilege 

log specifically identifying the information and the basis for it being withheld. 

5. Any CONFIDENTIAL INFORMATION that is disclosed or produced by any party or 

non party in connection with this case may be used only for prosecuting, defending, or attempting to 

settle this litigation. CONFIDENTIAL INFORMATION may be disclosed only to the categories of 

persons and under the conditions described in this Order. When the litigation has been terminated, all 

parties or non parties that have received CONFIDENTIAL INFORMATION must comply with the 

provisions of section 12, below. All parties or non parties that have received CONFIDENTIAL 

INFORMATION must store and maintain it in a secure manner that ensures that access is limited to 

the persons authorized under this Order. 

6. Plaintiff’s Counsel may exhibit, discuss, and/or disclose CONFIDENTIAL 

INFORMATION only to the following categories of person and no other unless authorized by order of 

the Court: 

a. Plaintiff’s Counsel; 

b. Experts, investigators or consultants retained by Plaintiff’s Counsel to assist in 

the evaluation, preparation, or trial of this case; however, before any expert, investigator, or consultant 

is permitted to review the CONFIDENTIAL INFORMATION, such individual must agree to comply 

with the terms of this PROTECTIVE ORDER by executing the document attached as Exhibit A. 

Plaintiff’s counsel shall file and serve that document upon its execution; however, Plaintiff’s counsel 

shall not be required to file any Agreement to Comply any earlier than the date that Expert Disclosures 

are required to be made. Experts, investigators, and consultants shall not have any power to authorize 

further disclosure of CONFIDENTIAL INFORMATION to any other person. 

7. Counsel for Plaintiff may not provide originals or copies of the CONFIDENTIAL 

INFORMATION to any plaintiff absent the written agreement of counsel for the City or a court order, 

subject to the following: 

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Protective Order 

CASE NO. C08-5585 JS 

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a. For purposes of evaluating the settlement value or potential jury verdict, counsel 

for Plaintiff may discuss the general nature of the CONFIDENTIAL INFORMATION with plaintiffs 

without disclosing any identifying details about a specific witness or any documents. 

b. Plaintiff's counsel may review with a plaintiff any statement or interview given 

by the person or attributed to him or her. 

8. Unless otherwise stipulated to by defendants, any use of CONFIDENTIAL 

INFORMATION or comment on the substance of any CONFIDENTIAL INFORMATION in any 

papers or pleadings filed with the Court, shall be filed under seal pursuant to the Court’s rules and 

procedures (see Northern District of California Civil Local Rule 79-5). The sealed envelopes shall be 

endorsed with the caption of this litigation, and an indication of the nature of the contents of the 

envelopes and a statement substantially in the following form: 

"This envelope contains documents that are filed in this case pursuant to a 

Protective Order and are not to be opened nor the contents thereof to be 

displayed or revealed except by further order of the Court or written consent of 

the City and County of San Francisco." 

9. In the event any person desires to exhibit documents or disclose CONFIDENTIAL 

INFORMATION covered under this stipulation during trial or pretrial proceedings, such person shall 

meet and confer with counsel for defendants to reach an agreement, in accordance with the Court’s 

rules and procedures, on an appropriate method for disclosure, and if defendants do not agree to such 

disclosure, such CONFIDENTIAL INFORMATION shall not be disclosed unless authorized by order 

of the Court. Unless otherwise agreed, transcripts and exhibits that incorporate or reference 

CONFIDENTIAL INFORMATION covered under this stipulation shall be treated as 

CONFIDENTIAL INFORMATION that is subject to the provisions of this PROTECTIVE ORDER.

The Court Reporter shall mark as “Confidential” any deposition or hearing transcript that contains any 

CONFIDENTIAL INFORMATION or any reference to CONFIDENTIAL INFORMATION. 

10. If a party who has received CONFIDENTIAL INFORMATION learns that, by 

inadvertence or otherwise, it has disclosed CONFIDENTIAL INFORMATION to any person or in any 

circumstance not authorized under this PROTECTIVE ORDER, the party must immediately (a) notify 

the San Francisco City Attorney’s Office in writing of the unauthorized disclosures, (b) use its best 

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CASE NO. C08-5585 JS 

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efforts to retrieve all copies of the CONFIDENTIAL INFORMATION, (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 document that is attached hereto as Exhibit A. 

11. Any inadvertent disclosure made in violation of this PROTECTIVE ORDER shall be 

immediately corrected by the offending party and does not constitute a waiver of the terms of this 

PROTECTIVE ORDER, except by written agreement of the parties, or further order of this Court. 

12. All documents covered by this PROTECTIVE ORDER and copies thereof (including 

those in the possession of experts, consultants, etc.) will be returned to the San Francisco City 

Attorney's Office at the termination of this litigation. On final disposition of this case, plaintiff’s 

counsel shall within 30 days after the final disposition of this case, without request or further order of 

this Court, return all CONFIDENTIAL INFORMATION to the Deputy City Attorney of record in this 

matter. The provisions of this PROTECTIVE ORDER shall, without further order of the Court, 

continue to be binding after the conclusion of the action, and this Court will have jurisdiction to 

enforce the terms of this PROTECTIVE ORDER. 

13. Should plaintiffs or plaintiffs’ counsel fail to comply with this PROTECTIVE ORDER, 

plaintiffs and plaintiffs' counsel shall be liable for all costs associated with enforcing this agreement, 

including but not limited to all attorney fees in amounts to be determined by the Court. Plaintiff and 

plaintiff's counsel may also be subject to additional sanctions or remedial measures, such as contempt, 

evidentiary or terminating sanctions. 

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CASE NO. C08-5585 JS 

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IT IS SO STIPULATED. 

Dated: December 7, 2009 

DENNIS J. HERRERA 

City Attorney 

JOANNE HOEPER 

Chief Trial Deputy 

SEAN F. CONNOLLY 

Deputy City Attorney 

By: /s/ 

SEAN F. CONNOLLY 

Attorneys for Defendant

CITY AND COUNTY OF SAN FRANCISCO 

Dated: December 7, 2009 

Law offices of Brent and Fiol, LLP 

By: /s/ 

JOSEPH BRENT 

Attorneys for plaintiffs 

Pursuant to General Order 45, §X.B., the filer of this 

document attests that he has received the concurrence of 

this signatory to file this document. 

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Protective Order 

CASE NO. C08-5585 JS 

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EXHIBIT A 

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CASE NO. C08-5585 JS 

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AGREEMENT TO COMPLY WITH STIPULATED PROTECTIVE 

ORDER FOR CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION 

I, , have read and understand the Court’s Protective Order for 

CONFIDENTIAL INFORMATION and HIGHLY CONFIDENTIAL INFORMATION. I agree to 

abide by all terms of the Order. In addition, I specifically understand and agree to the following: 

1. I will not disclose any document designated "Confidential" or "Highly Confidential 

Information – Attorney's Eyes Only" to any other person.

2. I understand that I have no power to authorize any other person to review any document 

designated "Confidential" or "Highly Confidential Information – Attorney's Eyes Only." 

3. I agree not to make copies of any document designated "Confidential" or "Highly 

Confidential Information – Attorney's Eyes Only." 

4. I agree to return all documents designated "Confidential" and "Highly Confidential 

Information – Attorney's Eyes Only" to the counsel for the party that produced them, at or before the 

conclusion of this litigation. 

AGREED: 

 DATE 

SIGNATURE 

PRINT NAME 

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Protective Order 

CASE NO. C08-5585 JS 

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ORDER

BASED ON THE ABOVE ENTERED STIPULATION, IT IS SO ORDERED 

Dated: 

THE HONORABLE MAXINE CHESNEY 

UNITED STATES DISTRICT JUDGE 

. Additionally, any

document containing or discussing Confidential Information will not be filed under seal, unless the

submitting party obtains leave of court with respect to such filing, pursuant to Civil Local Rule 79-5.

January 15, 2010

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