Juarez v. City of Coalinga, et al.

Filing 23

ORDER Following In Camera Review of Plaintiff's Personnel File From Pleasant Valley State Prison; ORDER Directing Clerk to Copy Stipulation and Attach Hereto, signed by Magistrate Judge Sandra M. Snyder on 8/26/2011. Further Order For In Camera Review: Date 9/27/11, Time 10:00 a.m., Ctrm 8 ~ 6th Floor. (Attachments: # 1 Stipulation doc. 15 ) (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERTO JUAREZ,

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Plaintiff,
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vs.
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CITY OF COALINGA, CHIEF CAL
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MINOR, CALIFORNIA HIGHWAY
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PATROL, CAPTAIN DANIEL MINOR, )
et al.,
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Defendants.
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1:11-cv-00733-LJO-SMS
ORDER FOLLOWING IN CAMERA
REVIEW OF PLAINTIFF’S
PERSONNEL FILE FROM PLEASANT
VALLEY STATE PRISON
ORDER DIRECTING CLERK TO COPY
STIPULATION AND ATTACH HERETO
(Doc. 15)
FURTHER ORDER FOR IN CAMERA
REVIEW:

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Date: 9/27/11
Time: 10:00 a.m.
Ctrm: 8 ~ 6th Floor

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Pursuant to this Court’s order for production of Plaintiff’s

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peace officer personnel file for in camera review and disclosure to

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defendants (Doc. 20), Ms. Tamara Jackson, Personnel Supervisor #1

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from Pleasant Valley State Prison (“PVSP”), appeared as directed on

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August 24, 2011 at 10:00 a.m. with a manila folder containing what

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appeared to be, in the main, original documents from Plaintiff’s

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personnel file.

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that the Court erred with the order of August 8, 2011, by not

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either attaching a copy of the Stipulation filed with the court on

It became immediately apparent to the undersigned

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July 8, 2011 (Doc. 15), or by not signing the Stipulation as was

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originally conceived by counsel or, further, by not being more

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descriptive and/or thorough in describing all documents sought by

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the order of August 8, 2011.

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coordinator for PVSP took the Court literally at its word and

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provided only the personnel file in which nothing regarding inmate

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grievances, colleague/staff complaints or disputes, or professional

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reprimands, etc., are kept.

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documents other than those having to do with the training of,

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hiring of, evaluation of job performance of, or miscellaneous

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personal matters of the Plaintiff as “...associated records.”

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In short, the custodian/litigation

The Stipulation characterizes such

Therefore, accepting responsibility for the incomplete

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explanation in the Order of August 8, 2011, the Court hereby ORDERS

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FURTHER PRODUCTION as follows:

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1.

The litigation coordinator at PVSP shall copy and mail

to:

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Anthony M. Sain, Esq.
Manning & Kass Ellrod Ramirez Trester, LLP
801 South Figueroa Street, 14th Floor
Los Angeles, CA 90017

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a copy of the nine (9) documents tabbed by this Court on August 24,

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2011, for production.

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Plaintiff’s counsel Douglas Hurt, as well as to defense counsel

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Jill Scally, counsel for Defendants, California Highway Patrol and

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Captain Daniel Minor.

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2.

Mr. Sain shall, in turn, provide copies to

The Clerk shall copy the Stipulation (Doc. 15), and

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attach it to this Order, allowing the litigation coordinator at

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PVSP to read it in its entirety and comply with the letter and

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spirit of it, specifically focusing on searching for any and all
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documents relating to Plaintiff from internal affairs records

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housed in the “ISU” Unit at the Prison, as well as any and all

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documents referencing Officer Juarez kept in the normal course of

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business in the Litigation Unit.

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be paid to the language of the Stipulation on page -9-, lines 3-26.

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3.

Further, specific attention shall

Production of documents pertaining hereto shall be

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presented for in camera review on September 27, 2011 at 10:00 a.m.

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in Courtroom No. 8 (instead of Ctrm. No. 7) on the Sixth Floor of

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the Robert E. Coyle United States Courthouse, 2500 Tulare Street,

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Fresno, CA, 93721.

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IT IS SO ORDERED.

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Dated:
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August 26, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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