Fox et al v. County of Tulare, et al

Filing 95

STIPULATION and ORDER regarding in camera review of personnel file of Clyde Tillery. Order signed by Magistrate Judge Sandra M. Snyder on 7/25/2013. (Rooney, M)

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SETH L. GOLDSTEIN, S.B.N. 176882
LAW OFFICES OF SETH L. GOLDSTEIN
2100 Garden Road, Suite H-8
Monterey, California, 93940
Telephone [phone]
Fax
[phone]
ANDREA M. MILLER, S.B.N. 88992
NAGELEY, MEREDITH & MILLER
8001 Folsom Boulevard, Suite 100
Sacramento, CA 95826
Telephone [phone]
Fax
[phone]
Attorneys for Pamela Fox and
C.M.R.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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PAMELA FOX, ON BEHALF OF
HERSELF AND AS NEXT FRIEND TO
C.M.R., A MINOR.

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Plaintiffs,

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vs.

Case No.: 1:11-CV-00520-AWI-SMS
STIPULATION AND ORDER
REGARDING IN CAMERA REVIEW
OF PERSONNEL FILE OF CLYDE
TILLERY

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COUNTY OF TULARE, LETICIA
CASTANEDA, ERICA SOTO, RONALD
CASTANEDA, JULIA LANGLEY,
CAROL HELDING, JOHN ROZUM,
STEVEN ROGERS and DOES 1 - 100,

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Judge: Hon. Sandra M. Snyder
Date:
Time:
CrtRm:
TRIAL DATE: Mar. 25, 2014

Defendants.
___________________________/

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It is hereby stipulated between the parties that:

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1.

Plaintiffs have subpoenaed personnel records from the City of Porterville pertaining to

Pamela Fox, et al vs County of Tulare, et al
Stipulation re Personnel Records of Clyde Tillery

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an individual identified by Defendant County in its Rule 26 disclosure, Mr. Clyde

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Tillery.

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2.

The City of Porterville has asserted the official information privilege, which is a

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qualified privilege. On agreement with the City of Porterville, the disciplinary records of

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Clyde Tillery resulting in his termination by the City of Porterville, may be submitted by

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the City of Porterville, Personnel Department, to the Court for in camera review in

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response to Plaintiff’s Subpoena for said records.

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3.

For the purpose of release of those records, Plaintiffs, respectfully, request that the

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Court review said records to determine if the records are relevant on the issue of

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credibility and if the parties’ interest in discovery of the records outweighs the interest in

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maintaining confidentiality.

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4.

If the Court orders the release of any records pursuant to this stipulation, the parties
agree that use of the information is limited to use in the above entitled action, to the

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parties in this action, their attorneys of record, and to any experts or investigators
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employed by said attorneys. The records shall be divulged to no other persons or entities,

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including the media, except as necessary in the presentation of evidence in the trial of the

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above entitled action.

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Dated: July 24, 2013

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/s/ Michael Maurer
Michael Maurer, Deputy City Attorney,
City of Porterville, Ca.

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Dated: July 24, 2013
/s/ Michael G. Woods
Michael G. Woods, Attorney for County of Tulare,
Julia Langley, Carol Helding, John Rozum

Pamela Fox, et al vs County of Tulare, et al
Stipulation re Personnel Records of Clyde Tillery

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Dated: July 24, 2013
/s/ Leslie M. Dillahunty
Leslie M. Dillahunty, Attorney for Leticia Castaneda,
Ronald Castaneda, Erica Soto

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Dated: July 24, 2013
/s/ Seth L. Goldstein
Seth L. Goldstein, Attorney for Pamela Fox, C.M.R.

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GOOD CAUSE APPEARING,
IT IS SO ORDERED.

Dated: July 25 , 2013

/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

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Pamela Fox, et al vs County of Tulare, et al
Stipulation re Personnel Records of Clyde Tillery

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