Barsamian v. City of Kingsburg

Filing 127

ORDER allowing Defendant City of Kingsburg to file Motion to Admit Evidence of Plaintiff's Prior and Post-incident Sexual acts under seal, signed by Judge Oliver W. Wanger on 2/13/09. (Gil-Garcia, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND TO THEIR RESPECTIVE COUNSEL OF RECORD. On July 23, 2007, the Court entered a protective order related to certain documents based on a stipulation between the parties. (Document 16) In the Stipulation, Defendant City of Kingsburg indicated its belief that documents requested by Plaintiff Kimberly Barsamian contain information that is: 1. 2. Confidential, sensitive, or potentially invasive of an individual=s privacy interest as protected by Article I, ' 1 to the California Constitution; Protected from disclosure pursuant to the provisions of California Penal Code '' 832.5 and 832.7, as well as Evidence Code ' 1045; 1
ORDER ALLOWING FILING UNDER SEAL OF MOTION TO ADMIT EVIDENCE OF PLAINTIFF=S PRE- AND POST INCIDENT SEXUAL HISTORY

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

KIMBERLY BARSAMIAN, Plaintiff, v. CITY OF KINGSBURG, MARTIN SOLIS, individually and in his official capacity as a Police Officer for the City of Kingsburg Police Department, and DOES 1 through 100, inclusive, Defendants.

CASE NO. 1:07-CV-00316-OWW ORDER ALLOWING DEFENDANT CITY OF KINGSBURG TO FILE MOTION TO ADMIT EVIDENCE OF PLAINTIFF=S PRIOR AND POSTINCIDENT SEXUAL ACTS UNDER SEAL Date: February 20, 2009 Time: 12:15 p.m. Courtroom: 3 Hon. Oliver W. Wanger Trial: March 3, 2009

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3. 4. 5.

Substantially and sufficiently dissimilar in nature so as to be irrelevant and not subject to production; Not generally known or available to the general public; and/or Not normally revealed to the public or third parties or, if disclosed to third parties would require such third parties to maintain the information in confidence.

Pursuant to the stipulation and order, and Federal Rules of Evidence, Rule 412(c)(2), on January 9, 2009, Defendant, City of Kingsburg, filed its Motion to Admit Evidence of Prior and Post-Incident Sexual Acts (Fed Rule Evid., Rule 412(b)(2)). With regard to the Motion to Admit Evidence of Prior and Post-Incident Sexual Acts, Federal Rules of Evidence, Rule 412(c)(2) states as follows: Before admitting evidence under this rule the court must conduct a hearing in camera and afford the victim and parties a right to attend and be heard. The motion, related papers, and the record of the hearing must be sealed and remain under seal unless the court orders otherwise. Defendant City of Kingsburg=s Motion to Admit Evidence of Plaintiff=s Preand Post-Incident Sexual Acts refers to and includes specific references to the sexual conduct of Plaintiff, as obtained from discovery and from her psychiatrist=s expert witness report. Defendant City of Kingsburg hereby requests that this Court seal the aboveentitled documents due to the sensitivity and nature of said documents, to avoid undue embarrassment to Plaintiff and to protect the privacy rights of the Plaintiff. ORDER Based on the foregoing, and good cause appearing, it is hereby ordered that the above-mentioned documents shall be filed under seal as they are subject to the provisions of Federal Rules of Evidence, Rule 412(c), are sensitive in nature and are privileged under Article I, ' 1 to the California Constitution. IT IS SO ORDERED. Dated: February 13, 2009 /s/ OLIVER W. WANGER Hon. Oliver W. Wanger United States District Court Judge Eastern District of California

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ORDER ALLOWING FILING UNDER SEAL OF MOTION TO ADMIT EVIDENCE OF PLAINTIFF=S PRE- AND POST INCIDENT SEXUAL HISTORY

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