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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1 2 3 4 5 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 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 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. 20 I. 21 RECITALS 22 23 WHEREAS, on December 29, 2014, the parties entered into a stipulation 24 regarding an in camera review of Defendant TIM HAENER’s personnel file which 25 was approved by the Court on January 6, 2015. [Doc. 52] 26 WHEREAS, following the stipulation of the parties the Court expressed 27 concerns regarding the process proposed to be followed in order to carry out the in 28 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 1 2 WHEREAS, both Plaintiffs and Defendants are very familiar with the Pitchess process utilized in State court actions; 3 4 WHEREAS, due to the desire to expedite this process, the parties do hereby further stipulate as follows: 5 II. 6 STIPULATION 7 IT IS HEREBY STIPULATED, BY AND BETWEEN THE PARTIES 8 HERETO, THROUGH THEIR RESPECTIVE ATTORNEYS OF RECORD, AS 9 FOLLOWS: 10 1. During the in camera inspection, Leonard C. Herr, counsel for 11 Defendants, may be present and answer any questions of an administrative 12 matter that the Court may have regarding Defendant TIM HAENER’s personnel 13 file, but no substantive information about the case will be discussed with the 14 Court outside the presence of Plaintiffs’ counsel. 15 DATED: January 12. 2015 16 17 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 18 19 20 21 DATED: January 12, 2015 HERR PEDERSEN & BERGLUND LLP 22 By: 23 /s/ Leonard C. Herr LEONARD C. HERR, Attorney for Defendants 24 25 F:\Client Files\Visalia, City of, 700\705-00 POLICE DEPARTMENT\705-02 Camera Review of Peace Officer's Personnel File.doc 26 /// 27 /// 28 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 1 III. 2 ORDER 3 Upon a review of the agreement of the parties, the Court adopts the 4 stipulation. The Court will independently review the files in camera, and contact 5 6 defense counsel if any administrative questions arise when reviewing the file. IT IS SO ORDERED. 7 8 9 Dated: January 15, 2015 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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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