Juarez v. City of Coalinga, et al.

Filing 20

ORDER for Production of Plaintiff's Peace Officer Personnel File for In Camera Review and Disclosure to Defendants. In Camera Review set for 8/24/2011 at 10:00 AM in Courtroom 7 (SMS) before Magistrate Judge Sandra M. Snyder . ORDER STRIKING Document No. 18 from Court Docket. signed by Magistrate Judge Sandra M. Snyder on 8/8/2011. (Herman, H)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 ROBERTO JUAREZ, ) ) Plaintiff, ) ) vs. ) ) CITY OF COALINGA, CHIEF CAL ) MINOR, CALIFORNIA HIGHWAY ) PATROL, CAPTAIN DANIEL MINOR, ) et al., ) ) Defendants. ) ) 1:11-cv-00733-LJO-SMS ORDER FOR PRODUCTION OF PLAINTIFF’S PEACE OFFICER PERSONNEL FILE FOR IN CAMERA REVIEW AND DISCLOSURE TO DEFENDANTS (Doc. 15) Date: 8/24/11 Time: 10:00 a.m. Ctrm: 7 ~ 6th Floor ORDER STRIKING DOCUMENT NO. 18 FROM COURT DOCKET 16 17 On July 8, 2011, the parties submitted a stipulation to 18 request of the Court an in camera review of Plaintiff Roberto 19 Juarez’s personnel file, believed to be maintained by the 20 California Department of Corrections and Rehabilitation (“CDCR”) 21 due to Plaintiff’s current employment as a correctional officer at 22 Pleasant Valley State Prison (“PVSP”) (Doc. 15). 23 2011, the Court held an informal telephonic conference with counsel 24 for the parties to discuss the stipulation, as well as the 25 procedural mechanics for obtaining said personnel file. 26 Hurt, Esq., appeared telephonically on behalf of Plaintiff. 27 Anthony M. Sain, Esq., of Manning & Kass Ellrod, Ramirez, Trester, 28 LLP, appeared telephonically on behalf of Defendants, City of 1 On August 5, Douglas 1 Coalinga and Chief Cal Minor. 2 Scally appeared telephonically on behalf of defendants, California 3 Highway Patrol and Captain Daniel Minor. 4 Deputy Attorney General Jill B. The Court hereby acknowledges the stipulation and ORDERS the 5 custodian/litigation coordinator for PVSP under the auspices of 6 CDCR to appear before this Court for an in camera review hearing on 7 August 24, 2011 at 10:00 a.m. in Courtroom No. 7 on the Sixth Floor 8 of the Robert E. Coyle United States Courthouse located at 2500 9 Tulare Street, Fresno, CA, 93721. It is the Court’s desire that 10 the custodian of records anticipate staying at or near the 11 courthouse for the duration of the Court’s review. 12 if the Court reaches a determination that portions of Plaintiff’s 13 personnel file are discoverable, such documents, tagged for 14 copying, shall be returned for copying by the custodian and 15 thereafter said copies forwarded to counsel for Defendants, City of 16 Coalinga and Chief Cal Minor. 17 forward copies to counsel for Plaintiff and co-Defendants 18 California Highway Patrol and Captain Daniel Minor. 19 custodian of records may charge reasonable travel and copying 20 expenses to Defendant City/Minor’s counsel for assisting in 21 obtaining these records per the stipulation. 22 23 At conclusion, Defense counsel shall thereafter Note: PVSP’s It is further ORDERED that Document No. 18 in the court’s docket be STRICKEN from the record. 24 25 26 IT IS SO ORDERED. 27 Dated: icido3 August 8, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 28 2

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