Ferreira et al v. Arpaio et al

Filing 79

ORDER: IT IS ORDERED that Defendants' Motion, (Doc. 61 ), is hereby GRANTED, to the limited extent that the Utah Department of Human Services/Farmington Bay Youth Center shall produce to Defense Counsel unredacted copies of the previously prod uced records, including information previously withheld as being "controlled." IT IS FURTHER ORDERED that if Plaintiff seeks to have the Court ensure the "confidentiality" of the records affected by this Order, Plaintiff has through the end of Friday, August 12, 2016 to file the appropriate motion. [See attached Order for complete details.] Signed by Senior Judge James A Teilborg on 8/5/2016. (KAL)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Shari Ferreira,
Plaintiff,

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ORDER

v.

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No. CV-15-01845-PHX-JAT

Joseph M Arpaio, et al.,

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Defendants.

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Pending before the Court is Defendants’ May 19, 2016, Motion for Court Order to

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Release Controlled Records. (Doc. 61). Defendants seek the release of certain

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“controlled” records that were initially delivered with redactions pursuant to Utah Code

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§§ 63G-2-304, 63G-2-202(7). Plaintiff does not oppose the motion, but does “request that

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the Court order that Defendants maintain the confidentiality of any records that the

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parties receive from such Court order.”1 (Doc. 66 at 1).

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Based on the foregoing,

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IT IS ORDERED that Defendants’ Motion, (Doc. 61), is hereby GRANTED, to

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Plaintiff, however, does not proffer any mechanism for the Court to rely on to
ensure that the released records remain “confidential.” For example, Federal Rule of Civil
Procedure 26(c) permits the Court to issue protective orders “for good cause” to “protect
a party or person from annoyance, embarrassment, oppression, or undue burden or
expense” during the discovery process. Fed. R. Civ. P. 26(c)(1). The burden is on the
party seeking such an order to make “for each particular document it seeks to protect” a
“showing that specific prejudice or harm will result if no protective order is granted.”
Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1130 (9th Cir. 2003).

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the limited extent that the Utah Department of Human Services/Farmington Bay Youth

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Center shall produce to Defense Counsel unredacted copies of the previously produced

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records, including information previously withheld as being “controlled.”

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IT IS FURTHER ORDERED that if Plaintiff seeks to have the Court ensure the

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“confidentiality” of the records affected by this Order, Plaintiff has through the end of

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Friday, August 12, 2016 to file the appropriate motion.

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Dated this 5th day of August, 2016.

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