Randy Conan, et al v. City of Fontana

Filing 95

MINUTES (IN CHAMBERS) ORDER Re: In Camera Review by Magistrate Judge Kenly Kiya Kato, Within seven (7) days of the date of this Order, Defendant shall produce the redacted copies of the responsive documents to Plaintiffs' counsel subject to the parties protective order. Defendant need not produce the CDs at this time. In the event, Plaintiffs can show the CDs are likely to contain relevant information, they may make an appropriate motion within fourteen (14) days of the date of this Order. In the event redaction of the CDs would be necessary, the Court is amenable to appropriate arguments regarding shifting the cost of producing the CDs in redacted form. (dts)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

EDCV 16-1261-KK

Date August 21, 2017

Title Randy Conan, et al. v. City of Fontana, et al.
Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
DEB TAYLOR

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

Order Re: In Camera Review

On June 7, 2017, Plaintiffs Randy and Xylina Conan (“Plaintiffs”) filed a Motion to
Compel (“Motion”) and a Joint Stipulation seeking to compel production of documents from
Defendant City of Fontana (“Defendant”) in response to Requests for Production Nos. 1
through 4. ECF Docket No. (“dkt.”) 67. Specifically, Plaintiffs sought to compel (1) complaints
or reports of the use of excessive force or dishonesty from the personnel files of Defendant Patty
(“Request for Production No. 1”); (2) Internal Affairs investigations and reports related to
allegations of excessive force and dishonesty involving Defendant Patty (“Request for
Production No. 2”); (3) civil or departmental complaints or grievances alleging use of excessive
force by Defendant Patty (“Request for Production No. 3”); and (4) Internal Affairs
investigations and reports, and civil and departmental complaints or grievances arising from or
involving claims of excessive force of any other City of Fontana police officer for ten years prior
to the filing of the instant action and documentation of the disposition of such complaints or
grievances (“Request for Production No. 4”). JS at 11, 35, 56, 76.
On July 5, 2017, the Court granted Plaintiffs’ Motion in part and denied it in part. Dkt.
70. The Court ordered Defendant City of Fontana to lodge redacted and unredacted copies of all
responsive documents for five years prior to the filing of the instant action for in camera review
before production. Id.
On July 12, 2017, Defendant lodged the responsive documents with the Court. The
Court notes the majority of the Internal Affairs Investigations contain CDs which Defendant is
not able to redact. The CDs contain audio and video recordings, the contents of which are
Page 1 of 2

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk __

generally described in the investigation reports. Defendant produced two investigations in
response to Requests for Production Nos. 1-3, and twenty-eight investigations and claims in
response to Request for Production No. 4.
After review of the documents provided and the proposed redactions, the Court
ORDERS AS FOLLOWS:
Within seven (7) days of the date of this Order, Defendant shall produce the redacted
copies of the responsive documents to Plaintiffs’ counsel subject to the parties’ protective order.
Defendant need not produce the CDs at this time. In the event, Plaintiffs can show the CDs are
likely to contain relevant information, they may make an appropriate motion within fourteen
(14) days of the date of this Order. In the event redaction of the CDs would be necessary, the
Court is amenable to appropriate arguments regarding shifting the cost of producing the CDs in
redacted form.
In addition, Defendant shall review the proposed redactions before production to
Plaintiffs’ counsel to ensure consistent redactions.1

1

For example, in some documents officers’ names were properly redacted in one place,
but remained visible in another.
Page 2 of 2

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk __