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Protective Order re Defendant Green’s Records (Case No. CV 09 2782 EDL) 

EDMUND G. BROWN JR. 

Attorney General of California 

MIGUEL A. NERI

FIEL D. TIGNO

Supervising Deputy Attorneys General 

ROBERT ANDREW HARKNESS

Deputy Attorney General 

State Bar No. 66117 

1515 Clay Street, 20th Floor 

P.O. Box 70550 

Oakland, CA 94612-0550 

Telephone: (510) 622-2216 

Fax: (510) 622-2270 

E-mail: Robert.Harkness@doj.ca.gov 

Attorneys for Respondent California 

Department of Mental Health 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

LUZ HERNANDEZ, 

Petitioner,

v. 

DONALD GREEN, 

Respondent.

Case No. CV 09 2782 EDL 

PROTECTIVE ORDER RE 

DISCLOSURE OF INFORMATION AND 

DOCUMENTS FROM DEFENDANT 

DONALD GREEN’S DMV PERSONNEL 

RECORDS 

On March 22, 2010, the respondent California Department of Mental Health (DMH), an 

agency of the State of California, was served by plaintiff Luz Hernandez with a subpoena duces 

tecum, which requested compliance by April 7, 2010, by delivering the confidential and 

privileged personnel file of Donald Allen Green, a former DMH law enforcement officer, to 

Doucette & Associates, an agency employed by plaintiff’s attorney Tim A. Pori. Specifically, the 

subpoena commanded the respondent to produce for inspection and copying any and all personnel 

records of Mr. Green. Counsel for plaintiff Hernandez and counsel for respondent DMH have 

conferred and stipulated that the scope of the subpoena be limited to any and all personnel records 

relating to the DMH Internal Affairs investigation of the April 1, 2008 incident between plaintiff 

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Protective Order re Defendant Green’s Records (Case No. CV 09 2782 EDL) 

and Mr. Green (incident), which was the subject of a citizens complaint made by plaintiff 

Hernandez to Napa State Hospital, an institution operated and managed by the DMH. The parties 

have also stipulated, by and through their respective counsel to the terms of the Protective Order 

set forth below. 

On April 30, 2010, respondent DMH filed its motion with this Court for an order for an in 

camera review of the DMH’s file personnel records relating to the incident to determine which 

documents are relevant to the pending lawsuit and must be disclosed to the plaintiff and for a 

protective order. No opposition to the respondent’s motion was filed. On June 17, 2010, good 

cause appearing, the Court granted the respondent’s motion for an in camera review. The Court 

subsequently conducted an in camera review of the DMH Internal Affairs file related to the 

incident and has determined that certain documents be produced to the plaintiff’s counsel 

pursuant to the following protective order. Accordingly, 

IT IS HEREBY ORDERED that 

1. This Protective Order shall govern the use and disclosure of all documents and 

information produced in response to the subpoena seeking confidential peace officer personnel 

records and information, issued by plaintiff Hernandez and served on the DMH, and ordered 

disclosed by this Court. 

2. The confidential peace officer personnel record information and documents ordered 

disclosed by this Court shall not be used in any proceeding other than this action, Luz Hernandez 

v. City of Napa, et al., Case No. CV 09-2782 EDL, in the United States District Court for the 

Northern District of California. 

3. Under no circumstances shall such confidential peace officer personnel record 

information and documents either orally or by writing, be inputted into any file, computer 

program, or database or listed manually in any file manual, notebook, listing, or other writing as it 

pertains to law enforcement personnel, except any computer program or case file maintained 

specifically for this action. 

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Protective Order re Defendant Green’s Records (Case No. CV 09 2782 EDL) 

 4. The attorney for the parties, including any and all agents hired to assist the attorney 

for the parties in this action, shall at all times maintain the confidentially of all peace officer 

personnel record information and documents ordered disclosed. 

 5. At the conclusion of this action, and in order to allow defendant to exhaust his right to 

appeal and/or pursue any habeas corpus action, the attorneys for the parties shall either destroy, or 

return to the California Attorney General’s Office within one (1) year after judgment is final, all 

originals or copies of all confidential peace officer personnel documents and materials ordered 

disclosed by this Court, including without limitation, any delivered by defendant’s counsel, or the 

attorneys for the Government, to any third party agent. 

6. In advance of trial, plaintiff may not disclose to any other party to this action any 

document or information disclosed to plaintiff by respondent DMH under this Protective Order, 

except as required by the Federal Rules of Civil Procedure or rule of this Court. 

7. Any party, who receives from the plaintiff any information or document disclosed 

under this Protective Order, is bound by all its terms. 

8. Disobedience of this Protective Order may be treated as a Contempt of Court. 

DATED: July 6, 2010 

 _________________________________________ 

 THE HONORABLE ELIZABETH D. LAPORTE 

 MAGISTRATE JUDGE OF THE U.S. DISTRICT COURT, 

NORTHERN DISTRICT OF CALIFORNIA

Case 3:09-cv-02782-EDL Document 101 Filed 07/06/10 Page 3 of 3