Smalley v. Contino et al

Filing 125

ORDER denying 108 Motion re in camera review and protective order; denying 108 Motion for Protective Order. The County shall produce any responsive executive session minutes within seven dys of this order. Signed by Judge David G Campbell on 2/5/2014.(DGC, nvo)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Blake Smalley, No. CV-12-02524-PHX-DGC Plaintiff, 10 11 v. 12 ORDER C Contino, et al., 13 14 15 Defendants. Defendant Maricopa County has filed a motion for in camera review of documents and a protective order. Doc. 108. The Court will deny the motion. 16 The Court entered an order on December 12, 2013, finding that the County had 17 failed to meet the burden necessary to assert the deliberative process privilege and 18 ordering it to produce requested executive session minutes. Doc. 95 at 3. The County 19 states in this motion that it has conducted a search of executive session minutes and has 20 found no minutes related to any issues in this case. Doc. 108 at 3. The County asks the 21 Court to review a spreadsheet of its search results, agree with its conclusion, and issue a 22 protective order prohibiting disclosure of the spreadsheet and the minutes. Id. 23 Rule 26(b)(1) requires the County to produce “any nonprivileged matter that is 24 relevant to any party’s claim or defense.” Fed. R. Civ. P. 26(b)(1). The Court has ruled 25 that the County cannot rely on the deliberative process privilege with respect to executive 26 session minutes. Thus, if those minutes contain any information within the scope of 27 discovery called for by Rule 26(b)(1) – relevant to any party’s claim or defense – and 28 responsive to Plaintiff’s discovery requests, the County must produce it. If the minutes 1 do not contain such information, the County need not produce it under Rule 26(b)(1). 2 But it is the County’s responsibility, not the Court’s, to identify and produce responsive 3 minutes. The Court will not undertake the in camera review suggested by the County. 4 5 6 IT IS ORDERED that Defendant’s motion (Doc. 108) is denied. The County will produce any responsive executive session minutes within seven days of this order. Dated this 5th day of February, 2014. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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