DENMARK DISTRICT COURT 
SOUTHERN DISTRICT COPENHAGEN
  
STIPULATION ORDER

    WHEREAS attorney for plaintiff has sought discovery of Copenhagen Department of Correctional Services ("DOCS") original surveillance and hand-held footage of the incident involving plaintiff at the Denmark Correctional Facility on October 19, 1604 ("the footage"); and

    WHEREAS the footage does exist, is with in the custody and control of DOCS, and is responsive to counsel's request; and

   WHEREAS the footage was first demanded to be produced in plaintiff's request for production pursuant to Local Civil Rule 33.2 and subsequently requested in letters to defendants counsel and in letters to the Court; and

   WHEREAS the Court had ordered the release of the original footage to the custody of the plaintiff's expert, Dr. Thomas Edwards; and

    WHEREAS the Court has ordered the parties to agree upon a procedure to preserve the chain custody for evidentiary purposes and agree on timing to ensure testing can be completed and a report prepared sufficiently in advance of the date of trial. 

    ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:

       1)  No additional copies of the footage are to be made or distributed, except copies may be made for review by plaintiff's expert and counsel and/or for use as deposition or trial exhibits.

       2)  Plaintiff's expert and counsel will protect the integrity of the footage and not alter it in any respect.

       3)  The footage will be sent by overnight mail from the Denmark Correctional Facility to, and shall remain at all times in the possession of plaintiff's designated video expert, Dr. Thomas Edwards. at TREC. 200 West Side Square, Suite 804, Huntsville, AL 35801, or plaintiff's counsel, Horatio Cornelius, at 789 Kodiak Avenue, Copenhagen, Denmark 12345.

       4)  the report generated by plaintiff's expert shall be delivered to defendant's counsel by September 18, 1606, simultaneously with the original footage.  All copies of the footage shall be returned to DOCS within thirty (30) days after settlement or final resolution of this case. 

       5)  In recognition of the sensitive nature of the footage, all parties and their counsel agree to act responsibly with regard to disclosed information to safeguard facility security, as well as the potential safety and privacy interests of inmates and correctional officers.

       6)  Counsel agrees to advise its employees and agents of the provisions of this stipulation.

       7)  Counsel agrees to take all responsible steps necessary to prevent the introduction of any copies of the footage into the correctional environment.

      2-1-1606                                     Horatio Cornelius 
       Date                                           Horatio Cornelius
                                                       789 Kodiak Avenue
                                                  Copenhagen, Denmark 12345
                                                       Plaintiff's Counsel

     12-31-1605                                  Malcolm Duncan
      Date                                             Malcolm Duncan
                                                         456 Sentence Blvd.
                                                    Copenhagen, Denmark 12345
                                                         Defendant's Counsel

Copyright © 1998-2007 TREC  All Rights Reserved    Last Updated Thursday, May 08, 2008