Smalley v. Contino et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
C Contino, et al.,
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.
The Court entered an order on December 12, 2013, finding that the County had
failed to meet the burden necessary to assert the deliberative process privilege and
ordering it to produce requested executive session minutes. Doc. 95 at 3. The County
states in this motion that it has conducted a search of executive session minutes and has
found no minutes related to any issues in this case. Doc. 108 at 3. The County asks the
Court to review a spreadsheet of its search results, agree with its conclusion, and issue a
protective order prohibiting disclosure of the spreadsheet and the minutes. Id.
Rule 26(b)(1) requires the County to produce “any nonprivileged matter that is
relevant to any party’s claim or defense.” Fed. R. Civ. P. 26(b)(1). The Court has ruled
that the County cannot rely on the deliberative process privilege with respect to executive
session minutes. Thus, if those minutes contain any information within the scope of
discovery called for by Rule 26(b)(1) – relevant to any party’s claim or defense – and
responsive to Plaintiff’s discovery requests, the County must produce it. If the minutes
do not contain such information, the County need not produce it under Rule 26(b)(1).
But it is the County’s responsibility, not the Court’s, to identify and produce responsive
minutes. The Court will not undertake the in camera review suggested by the County.
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.
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