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STIPULATED PROTECTIVE ORDER C-09-01047-MMC 

JOHN A. RUSSO, City Attorney - SB#129729 

RANDOLPH W. HALL, Chief Assistant City Attorney - SB#080142 

WILLIAM E. SIMMONS, Supervising Trial Attorney - SB#121266 

ARLENE M. ROSEN, Senior Deputy City Attorney - SB#100160 

One Frank H. Ogawa Plaza, 6th Floor 

Oakland, California 94612 

Telephone: (510) 238-6392 Fax: (510) 238-6500 

27049/635364

John J. Verber, Attorney – SB#139917 

BURNHAM BROWN 

A Professional Law Corporation 

P.O. Box 119 

Oakland, CA 94604 

Telephone: 510-444-6800 

Facsimile: 510-835-6666 

Attorneys for Defendants 

CITY OF OAKLAND and RAMON ALCANTAR 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

LORENZO HALL,

 Plaintiff, 

 v. 

CITY OF OAKLAND, a municipal corporation; 

RAMON ALCANTAR, individually, and in his 

capacity as a police officer for the CITY OF 

OAKLAND; and, Oakland police officers DOES 

1-25, inclusive, 

 Defendants. 

Case No. C-09-01047-MMC 

STIPULATED

PROTECTIVE ORDER 

Plaintiff LORENZO HALL (“Plaintiff”, individually and by and through the LAW 

OFFICES OF JOHN L. BURRIS and DEFENDANTS CITY OF OAKLAND, AND RAMON 

ALCANTAR (“Defendants”), by and through their respective attorneys, the OFFICE OF 

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 C-09-01047-MMC 

STIPULATED PROTECTIVE ORDER 

2

THE CITY ATTORNEY OF OAKLAND, and BURNHAM BROWN hereby stipulate to the 

following protective order: 

1. DEFINITIONS

 1.1 Party: any party to this action, including all of its officers, directors, 

employees, consultants, retained experts, and outside counsel (and their support staff). 

 1.2 Disclosure or Discovery Material: all items or information, regardless of 

the medium or manner generated, stored, or maintained (including, among other things; 

 1.3 “Confidential” Information or Items: information (regardless of how 

generated, stored or maintained) or tangible things qualify for protection under standards 

developed under F.R.Civ. P. 26(c). This material includes, but is not limited to: 

a) Copies of certain personnel files for RAMON ALCANTAR for a 

period covering the dates of his employment with the Oakland Police Department from 

June 23, 2001 through June 23, 2006. 

b) Copies of certain Internal Affairs files pertaining to complaints 

to the Oakland Police Department regarding performance of duty and/or false arrest for 

RAMON ALCANTAR for a period from June 23, 2001 through June 23, 2006. 

 c) Any Internal Affairs files pertaining to the incident which is 

alleged in the Second Amended Complaint on file in this action. 

 1.4 “Highly Confidential-Attorneys’ Eyes Only” Information or Items:

extremely sensitive “Confidential Information or Items” whose disclosure to another Party 

or non-party would create a substantial risk of serious injury that could not be avoided by 

less restrictive means.

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 1.5 Receiving Party: a Party that receives Disclosure or Discovery 

Material from a Producing Party. 

 1.6 Producing Party: a Party or non-party that produces Disclosure or 

Discovery Material in this action. 

 1.7 Designating Party: a Party or non-party that designates information or 

items that it produces in disclosures or in responses to discovery as “Confidential” or 

“Highly Confidential-Attorneys Eyes Only.” 

 1.8 Protected Material: any Disclosure or Discovery Material that is 

designated as “Confidential” or as “Highly Confidential-Attorneys’ Eyes Only.” 

 1.9 Outside Counsel: attorneys who are not employees of a Party but 

who are retained to represent or advise a Party in this action. 

 1.10 House Counsel: attorneys who are employees of a Party. 

 1.11 Counsel (without qualifier): Outside Counsel and House Counsel (as 

well as their support staffs). 

 1.12 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 an consultant n this action and who is not a past or a current 

employee of a Party and who, at the time of retention, is not anticipated to become an 

employee of a Party. This definition includes a professional jury or trial consultant retained 

in connection with this litigation. 

 1.13 Professional Vendors: person or entities that provide litigation support 

services (e.g., photocopying: videotaping; translating; preparing exhibits or 

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STIPULATED PROTECTIVE ORDER 

4

demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their 

employees and subcontractors. 

2. SCOPE

 The protections conferred by this Stipulation and Order cover not only Protected 

Material (as defined above), but also any information copied or extracted therefrom, as 

well as all copies, excerpts, summaries, or compilations thereof, plus testimony, 

conversations, or presentations by parties or counsel to or in court or in other settings that 

might reveal Protected Material. 

 3. DURATION

 Even after the termination of this litigation, the confidentiality obligations imposed by 

this Order shall remain in effect until a Designating Party agrees otherwise in writing or 

court order otherwise directs. 

 4. DESIGNATING PROTECTED MATERIAL

 4.1 F.R.Civ. P. 26(c). The information sought to be protected must be 

properly qualified for protection under F.R.Civ. P. 26(c). Counsel shall not designate any 

discovery material “CONFIDENTIAL” without first making a good faith determination that 

protection is warranted. 

 4.2 Manner and Timing of Designations. Except as otherwise provided in 

this Order (see, e.g., second paragraph of section 4.2(a), below), or as otherwise 

stipulated or ordered, material that qualified for protection under the Order must be clearly 

so designated before the material is disclosed or produced. 

 Designation in conformity with this Order requires: 

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STIPULATED PROTECTIVE ORDER 

5

 (a) for information in documentary form (apart from transcripts of depositions 

or other pretrial or trial proceedings), that the Producing Party affix the legend 

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY” at the top of 

each page that contains protected material. 

 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 it would like copied and produced. During the inspection and 

before the designation, all of the material made available for inspection shall be deemed 

“HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” After the inspecting Party has 

identified the documents it wants copied and produced, the Producing Party must 

determine which documents, or portions thereof, qualify for protection under this Order, 

then, before producing the specified documents, the Producing Party must affix the 

appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES 

ONLY”) at the top of each page that contains Protected Material. If only a portion or 

portions of the material on a page qualifies for protection, the Producing Party also must

clearly identify the protected portion(s) (e.g., by making appropriate markings in the 

margins) and must specify, for each portion, the level of protection being asserted (either 

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY”). 

 (b) for testimony given in deposition or in other pretrial or trial proceedings, 

that the Party or non-party offering or sponsoring the testimony identify on the record, 

before the close of the deposition, hearing, or other proceeding, all protected testimony, 

and further specify any portions of the testimony that qualify as “HIGHLY 

CONFIDENTIAL—ATTORNEYS’ ONLY.” When it is impractical to identify separately each 

portion of testimony that is entitled to protection, the Party or non-party that sponsors, 

offers, or gives the testimony may invoke on the record (before the deposition or 

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 C-09-01047-MMC 

STIPULATED PROTECTIVE ORDER 

6

proceeding ins concluded) a right to have up to 20 days to identify the specify the level of 

protection being asserted (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—

ATTORNEYS’ EYES ONLY”). Only those portions of the testimony that are appropriately 

designated for protection within the 20 days shall be covered by the provisions of this 

Stipulated Protective Order. 

 Transcript pages containing Protected Material must be separately bound by 

the court reporter, who must affix to the top of each such page the legend 

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY,” as 

instructed by the Party or non-party offering or sponsoring the witness or presenting the 

testimony.

 ( c) for information produced in some form other than documentary, and for 

any other tangible items, that the Producing Party affix in a prominent place on the exterior 

of the container or containers in which the information or item is stored the legend 

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.”

 4.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 

failure to designate qualified information or items as “Confidential” or “Highly Confidential—

Attorneys’ Eyes Only” does not, standing alone, waive the Designating Party’s right to 

secure protection under this Order for such material. If material is appropriately designated 

as “Confidential” or “Highly Confidential—Attorneys’ Eyes Only” after the material was 

initially produced, the Receiving Party, on timely notification of the designation, must make 

reasonable efforts to assure that the material is treated in accordance with the provisions of 

the Order. 

///

///

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 C-09-01047-MMC 

STIPULATED PROTECTIVE ORDER 

7

 5. CHALLENGING CONFIDENTIALITY DESIGNATIONS

 5.1 Timing of Challenges. Unless a proper challenge to a Designating 

Party’s confidentially designation is necessary to avoid foreseeable substantial unfairness, 

unnecessary economic burden, or a later significant disruption or delay of the litigation, a 

Party does not waive its right to challenge a confidentiality designation by electing not to 

mount a challenge promptly after the original designation is disclosed. 

 5.2 Meet and Confer. A Party that elects to initiate a challenge to a 

Designating Party’s confidentiality designation must do so in good faith and must begin the 

process by conferring directly (in voice to voice dialogue; other forms of communication are 

not sufficient) with counsel for the Designating Party. In conferring, the challenging Party 

must explain the basis for its belief that the confidentiality designation was not proper and 

must give the Designating Party an opportunity to review the designated material, to 

reconsider the circumstances, and, if no change in designation is offered, to explain the 

basis for the chose designation. A challenging Party may proceed to the next stage of the 

challenge process only if it has engaged in this meet and confer process first. 

 5.3 Judicial Intervention. A Party that elects to press a challenge to a 

confidentiality designation after considering the justification offered by the Designating 

Party may file and serve a motion under Civil Rule 7 (and in compliance with Civil Local 

Rule 79-5, if applicable) that identifies the challenged material and sets forth in detail the 

basis for the challenge. Each such motion must be accompanied by a competent 

declaration that affirms that the movant has complied with the meet and confer 

requirements imposed in the preceding paragraph and that sets forth with specificity the 

justification for the confidentiality designation that was given by the Designating Party in the 

meet and confer dialogue. 

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 C-09-01047-MMC 

STIPULATED PROTECTIVE ORDER 

8

 The burden of persuasion in any such challenge proceeding shall be on the 

Designating Party. Until the court rules on the challenge, all parties shall continue to afford 

the material in question the level of protection tow which it is entitled under the Producing 

Party’s designation. 

 6. ACCESS TO AND USE OF PROTECTED MATERIAL

 6.1 Basic Principles. A Receiving Party may use Protected Material that is 

disclosed or produced by another Party or by a non-party in connection with this case only 

for prosecuting, defending, or attempting to settle this litigation. Such Protected material 

may be disclosed only to the categories of persons and under the conditions described in 

this Order. When the litigation has terminated, a Receiving Party must comply with the 

provisions of section 10, below (FINAL DISPOSITION). 

 Protected Material must be stored and maintained by a Receiving Party at a 

location and in a secure manner that ensures that access is limited to the persons 

authorized under this Order. 

 6.2 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) employees of the Receiving Party to whom disclosure is reasonably 

necessary for this litigation and who have signed the “Agreement to Be Bound by 

Protective Order” (Exhibit A); 

 (b) experts (as defined in this Order) of the Receiving Party to whom 

disclosure is reasonably necessary for this litigation and who have signed the “Agreement 

to Be Bound by Protective Order” (Exhibit A); 

 (c) the Court and its personnel; 

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 C-09-01047-MMC 

STIPULATED PROTECTIVE ORDER 

9

 (d) court reporters, their staffs, and professional venders to whom disclosure 

is reasonably necessary for this litigation and who have sighed the “Agreement to Be 

Bound by Protective Order” (Exhibit A); 

 (e) during their deposition, witnesses in the action to whom disclosure is 

reasonably necessary and who have signed the “Agreement to Be Bound by Protective 

Order” (Exhibit A). Pages of transcribed deposition testimony or exhibits to depositions that 

reveal Protected Material must be separately bound by the court reporter and may not be 

disclosed to anyone except as permitted under this Stipulated Protective Order. 

 (f) the author the document or the original source of the information. 

 6.3 Disclosure of “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES 

ONLY” Information or Items. Unless otherwise ordered by the court or permitted in writing 

by the Designating Party, Receiving Party may disclose any information or item designated 

“HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” only to: 

 (a) Experts (as defined in this Order) (1) to whom disclosure is 

reasonably necessary for this litigation, who have signed the “Agreement to Be Bound by 

Protective Order” (Exhibit A); 

 (b) the Court and it’s personnel; 

 (c) court reporters, their staffs, and professional vendors to whom 

disclosure is reasonably necessary for this litigation and who have sighed the “Agreement 

to Be Bound by Protective Order” (Exhibit A); and 

 (d) the author of the document or the original source of the 

information.

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 C-09-01047-MMC 

STIPULATED PROTECTIVE ORDER 

10

 7. PROTECTED MATERIAL SUBPOENAED OR ORDERED 

 PRODUCED IN OTHER LITIGATION________________

 If a Receiving Party is served with a subpoena or an order issued in other 

litigation that would compel disclosure of any information or items designated in this action 

as “CONFIDENTIAL” or HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY,” the 

Receiving Party must so notify the Designating Party, in writing (by fax, if possible) 

immediately and in no event more than three court days after receiving the subpoena or 

order. Such notification must include a copy of the subpoena or court order. 

 The Receiving Party also must immediately inform in writing the Party who 

caused the subpoena or order to issue in the other litigation that some or all the material 

covered by the subpoena or order is the subject of this Protective Order. In addition, the 

Receiving Party must deliver a copy of this Stipulated Protective Order promptly to the 

Party in the other action that caused the subpoena or order to issue. 

 The purpose of imposing these duties is to alert the interested parties to the 

existence of this Protective Order and to afford the Designation Party in this case an 

opportunity to try to protect its confidentiality interests in the court from which the 

subpoena or order issued. The Designating Party shall bear the burdens and the 

expenses of seeking protection in that court of its confidential material—and nothing in 

these provisions should be construed as authorizing or encouraging a Receiving Party in 

this action to disobey a lawful directive from another court. 

 8. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

 If a Receiving Party learns that, by inadvertence or otherwise, it has 

disclosed Protected Material to any person or in any circumstance not authorized under 

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 C-09-01047-MMC 

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11

this Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 

the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all

copies of the Protected Material, (c) inform the person or persons to whom unauthorized 

disclosures were made of all of 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. 

 9. FILING PROTECTED MATERIAL. Without written permission form the 

Designating Party or a court order secured after appropriate notice to all interested 

persons, a Party may not in the public record in this action any Protected material. A 

Party that seeks to file under seal any Protected Material must comply with Civil Local 

Rule 79-5. In addition to placing the documents in a sealed envelope with instructions that 

the envelope is not to be opened absent further order of the court, the envelope should be 

labeled to identify title of the case, the case number, and the title of the document. 

 10. FINAL DISPOSITION. Unless otherwise ordered or agreed in writing by the 

Producing Party, within sixty days after the final termination of this action, each Receiving 

Party must return all Protected Material to the Producing Party, as used in this subdivision, 

“all Protected Material” includes all copies, abstracts compilations, summaries or any other 

form of reproducing or capturing any of the Protected Material. With permission in writing 

from the Designating Party, the Receiving Party may destroy some or all of the Protected 

Material instead or returning it. 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 sixty day deadline that 

identifies (by category, where appropriate) all the Protected Material that was returned or 

destroyed and that affirms that the Receiving Party has not retained any copies, abstracts, 

compilations, summaries or other forms of reproducing or capturing any of the Protected 

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12

Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of 

all pleadings, motion papers, transcripts, legal memoranda, correspondence or attorney 

work product, even if such materials contain Protected Material. Any such archival copies 

that contain or constitute Protected Material remain subject to this Protective Order as set 

forth in Section 4 (DURATION), above. 

 11. MISCELLANEOUS

 Right to Further Relief. Nothing in this Order abridges the right of any 

person to seek its modification by the Court in the future.

 12. JURISDICTION. Any matter covered by this Stipulation and Order shall be 

referred to and/or overseen by a United States Magistrate Judge for 24 months after the 

final termination of this action. 

THE PARTIES HEREBY STIPULATE TO THE TERMS OF THE PROTECTIVE ORDER 

AS SET FORTH ABOVE. 

DATED: February 3, 2010 LAW OFFICES OF JOHN L. BURRIS 

 By:_//s//BENJAMIN NISENBAUM___

 BENJAMIN NISENBAUM 

 Attorneys for Plaintiff 

 Lorenzo Hall 

DATED: February 3, 2010 OFFICE OF THE CITY ATTORNEY 

 By: //s// ARLENE M. ROSEN______

 ARLENE M. ROSEN 

 Attorneys for Defendant 

 City of Oakland 

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 C-09-01047-MMC 

STIPULATED PROTECTIVE ORDER 

13

DATED: February 3, 2010 BURNHAM BROWN 

 By: //s// JOHN J. VERBER____________

 JOHN J. VERBER 

 Attorneys for Defendant 

 Ramon Alcantar 

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED:____________

 ___________________________________ 

 SAUNDRA B. ARMSTRONG 

 United States District Judge 

February 8, 2010

MAXINE M. CHESNEY

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EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

 I, __________________________[print or type full name], of 

________________________________[print or type full address], declare under penalty 

of perjury that I have read in its entirety and understand the Stipulated Protective Order 

that was issued by the United States Court for the Northern District of California on 

______________________[date] in the case of Lorenzo Hall v. City of Oakland, et al.

Case No. C-09-01047 MMC. I agree to comply with and be bound by all the terms of this 

Stipulated Protective Order and I understand and acknowledge that failure to so comply 

could expose me to sanctions and punishment in the nature of contempt. I solemnly 

promise that I will not disclose in any manner any information or item that is subject to this 

Stipulated Protective Order to any person or entity except in strict compliance with the 

provisions of this Order. 

 I further agree to submit to the jurisdiction of the United States District for the 

Northern District of California for the purpose of enforcing the terms of this Stipulated 

Protective Order, even if such enforcement proceedings occur after termination of this 

action.

 I hereby appoint_______________________________[print or type full 

name] of ___________________________________________[print or type full address 

and telephone number] as my California agent for service of process in connection with 

this action or any proceedings related to enforcement of this Stipulated Protective Order. 

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Date:_____________________

City and State where sworn and signed:___________________________ 

Printed name:_______________________________ 

 [printed name] 

Signature:_________________________________

 [signature] 

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