Brown v. Wimberley

Filing 44

ORDER AFTER IN CAMERA REVIEW OF RECORDS PRODUCED BY THE CA STATE PERSONNEL BOARD, signed by Magistrate Judge Jennifer L. Thurston on 8/23/2016. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANNY BROWN,
Plaintiff,

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v.
AUBREY WIMBERLY,
Defendants.

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Case No.: 1:14-cv-01812 JLT
ORDER AFTER IN CAMERA REVIEW OF
RECORDS PRODUCED BY THE CA STATE
PERSONNEL BOARD

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On August 8, 2016, the Court conducted an informal conference related a discovery dispute.

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(Doc. 43) At the conference, counsel agreed that the records would be produced from the CA State

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Personnel Board, related to Mr. Brown’s employment with the CDCR, and records produced by the

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City of Wasco to the Court to conduct an in camera review.

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The Court has conducted the review of the records from the CA State Personnel Board which

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is made up on the hearing officer’s decision and the determination of the Board. The determination by

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the Board is nearly entirely boilerplate with little detail related to Mr. Brown. On the other hand, the

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hearing officer’s decision details the evidence presented and her conclusions. Notably, the description

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of the evidence, including the hearing officer’s determination that there was insufficient evidence to

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link protected activity to alleged retaliation, conforms to the testimony given by Mr. Brown at his

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deposition.

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The Court finds that there is nothing in the record from the CA State Personnel Board that
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bears on Mr. Brown’s claim for emotional distress damages. In addition, the Court finds that there is

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nothing in the record that could lead to the discovery of admissible evidence. Therefore, the Court

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ORDERS:

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The documents produced by the State Personnel Board need not be produced to the

defendants and the subpoena duces tecum is QUASHED.
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No later than September 9, 2016, plaintiff’s counsel SHALL retrieve from the Clerk

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of the Court at the United States Courthouse, located at 510 19th Street, Bakersfield, CA, the copy of

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the records produced by the CA State Personnel Board.

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IT IS SO ORDERED.
Dated:

August 23, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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