Perez et al v. City Of Fresno et al

Filing 86

Order re release of video and modifying August 27, 2020 order, signed by Magistrate Judge Erica P. Grosjean on 9/11/2020. (Rosales, O.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY PEREZ, et al.,

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Plaintiffs,

No. 1:18-cv-00127-AWI-EPG
ORDER RE RELEASE OF VIDEO AND
MODIFYING AUGUST 27, 2020 ORDER

v.
(ECF No. 84)
CITY OF FRESNO, et al.,

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Defendants.

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On August 27, 2020, the Court entered an order to remove the confidentiality designation

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from body camera video footage produced in discovery. (ECF No. 83). The Court’s order noted

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that based on the “agree[ment] on the record, Plaintiffs should not disclose the footage until

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American Ambulance has either indicated it will not file an objection to this order with the

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District Judge, or until the District Judge rules on any such objection.” (Id. at 15 n.8).

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On September 10, 2020, Defendants Morgan Anderson and American Ambulance filed a

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motion for reconsideration. (ECF No. 85). On the same date, the parties filed a stipulation

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concerning the release date of the body camera video footage:

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[T]he parties stipulate that if American Ambulance has filed a Motion for
Reconsideration and the Court denies the motion, the parties . . . request that the
Court provide a date and time certain for the effective release of the video no
sooner than 72 hours from the court’s issuance of the order denying the Motion
for Reconsideration.

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(ECF No. 84 at 2).
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The Court treats the parties’ request as a motion for the Court to modify its August 27,

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2020 order. Based on the parties’ stipulation, the Court finds sufficient cause to modify its August

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27, 2020 order.

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Accordingly, it is HEREBY ORDERED that insofar as the Court’s August 27, 2020 order

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stated otherwise, it is modified as follows: should the District Court deny the Motion for

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Reconsideration (ECF No. 85), the parties shall not release the video sooner than 72 hours from

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the Court’s issuance of such denial.

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IT IS SO ORDERED.
Dated:

September 11, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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