E.S., et al. v. County of Tulare, et al.
Filing
54
FURTHER STIPULATION and ORDER re In Camera Review of Peace Officer's Personnel File (Doc. 53 ), Signed by Magistrate Judge Barbara A. McAuliffe on 1/15/2015. (Arellano, S.)
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Leonard C. Herr, #081896
Caren L. Curtiss, Certified Law Student
HERR PEDERSEN & BERGLUND LLP
100 Willow Plaza, Suite 300
Visalia, California 93291
Telephone: (559) 636-0200
Attorneys for Defendants CITY OF VISALIA and TIM HAENER
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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E.S., a minor, by and through her
Guardian ad Litem, VALINE
GONZALEZ, J.F., a minor, by and
through his Guardian ad Litem,
BRIDGET FLORES; in each case
individually and as successor in interest
to ARMANDO SANTIBANEZ, deceased;
and MARIA MORENO, individually,
CASE NO.: 1:13-cv-01697-LJO-BAM
FURTHER STIPULATION RE IN
CAMERA REVIEW OF PEACE
OFFICER’S PERSONNEL FILE
Plaintiffs,
v.
CITY OF VISALIA, TIM HAENER and
DOES 2-10, inclusive.
Defendants.
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I.
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RECITALS
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WHEREAS, on December 29, 2014, the parties entered into a stipulation
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regarding an in camera review of Defendant TIM HAENER’s personnel file which
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was approved by the Court on January 6, 2015. [Doc. 52]
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WHEREAS, following the stipulation of the parties the Court expressed
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concerns regarding the process proposed to be followed in order to carry out the in
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camera inspection.
Law Offices of
HERR, PEDERSEN &
BERGLUND LLP
100 Willow Plaza
Suite 300
Visalia, CA 93291
(559) 636-0200
-1FURTHER STIPULATION RE IN CAMERA REVIEW OF PEACE OFFICER’S
PERSONNEL FILES
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WHEREAS, both Plaintiffs and Defendants are very familiar with the
Pitchess process utilized in State court actions;
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WHEREAS, due to the desire to expedite this process, the parties do hereby
further stipulate as follows:
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II.
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STIPULATION
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IT IS HEREBY STIPULATED, BY AND BETWEEN THE PARTIES
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HERETO, THROUGH THEIR RESPECTIVE ATTORNEYS OF RECORD, AS
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FOLLOWS:
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1. During the in camera inspection, Leonard C. Herr, counsel for
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Defendants, may be present and answer any questions of an administrative
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matter that the Court may have regarding Defendant TIM HAENER’s personnel
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file, but no substantive information about the case will be discussed with the
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Court outside the presence of Plaintiffs’ counsel.
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DATED: January 12. 2015
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LAW OFFICES OF DALE K. GALIPO
LAW OFFICES OF NIKOLAUS W. REED
QUIRK LAW GROUP
By:
/s/ Dale K. Galipo
DALE K. GALIPO
NIKOLAUS W. REED
LOGAN QUIRK
Attorneys for Plaintiffs
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DATED: January 12, 2015
HERR PEDERSEN & BERGLUND LLP
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By:
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/s/ Leonard C. Herr
LEONARD C. HERR,
Attorney for Defendants
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F:\Client Files\Visalia, City of, 700\705-00 POLICE DEPARTMENT\705-02
Camera Review of Peace Officer's Personnel File.doc
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///
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///
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Investigations\705-02-030 Santibanez v\Stipulations\Further Stipulation re In
///
Law Offices of
HERR, PEDERSEN &
BERGLUND LLP
100 Willow Plaza
Suite 300
Visalia, CA 93291
(559) 636-0200
-2FURTHER STIPULATION RE IN CAMERA REVIEW OF PEACE OFFICER’S
PERSONNEL FILES
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III.
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ORDER
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Upon a review of the agreement of the parties, the Court adopts the
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stipulation. The Court will independently review the files in camera, and contact
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defense counsel if any administrative questions arise when reviewing the file.
IT IS SO ORDERED.
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Dated:
January 15, 2015
/s/ Barbara A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
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Law Offices of
HERR, PEDERSEN &
BERGLUND LLP
100 Willow Plaza
Suite 300
Visalia, CA 93291
(559) 636-0200
-3FURTHER STIPULATION RE IN CAMERA REVIEW OF PEACE OFFICER’S
PERSONNEL FILES
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