Brown v. Wimberley

Filing 45

ORDER AFTER IN CAMERA REVIEW of Records Produced by the City of Wasco, signed by Magistrate Judge Jennifer L. Thurston on 9/14/2016. (Hall, S)

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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 CITY OF
WASCO

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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 now conducted the review of the records from the City of Wasco. The Court

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finds that there is nothing in the record that bears on Mr. Brown’s claim for emotional distress

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damages. There is no evidence the employment ended due to any fault of either party and no evidence

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of claims similar to those made in this case. In addition, the Court finds that there is nothing in the

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record that could lead to the discovery of admissible evidence. Therefore, the Court ORDERS:

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The documents produced by the City of Wasco need not be produced to the defendants

and the subpoena duces tecum is QUASHED.

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No later than September 23, 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 City of Wasco.

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IT IS SO ORDERED.
Dated:

September 14, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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