Leubner v. County of San Joaquin et al

Filing 148

ORDER signed by Magistrate Judge John F. Moulds on 5/2/2011. Plaintiff allowed to review and, at his own expense, to copy dependency files and hearing transcripts in San Joaquin County Superior Court Case No. J104272. The review and copying shall be performed under supervision of Ms. Linda Martinez, Judicial Assistant. Review and copying shall be completed w/in period beginning 5/8/2011 and concluding 5/18/2011. The 9/1/2010 Order of Judge Jose L. Alva (Superior Court of San Joaquin County), whi ch is appended to this Order, is incorporated herein and is applicable to all counsel and other persons involved in this action. In addition to provisions of Order of the San Joaquin County Superior Court, handling of documents referenced shall be governed by Local Rule 141 of this Court. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MILOS LEUBNER,

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Plaintiff,

No. 2:08-cv-0853 GEB JFM PS

vs.
COUNTY OF SAN JOAQUIN, et al.,
Defendants.

ORDER
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In this action, which arises from a former juvenile dependency proceeding in San

17 Joaquin County, defendants petitioned the San Joaquin County Superior Court for release of the
18 dependency files and the reporter’s transcript of proceedings. On September 1, 2010, defendants’
19 request was granted in an order which is attached hereto. The documents and transcripts were
20 released to defendants and a copy was forwarded to this court. At a December status conference
21 in this action, the court, concerned about minimizing the effects of this action on the minors who
22 were the subject of the state court action, suggested the possibility of a stipulated protective order
23 and requested that counsel circulate a proposed draft. A draft was duly circulated but the effort
24 was unavailing. At this point, it is important that this action proceed, that the confidentiality of
25 the juvenile court documents be protected, and that plaintiff be allowed, as he has requested and
26 subject to a protective order, to copy the dependency files and the reporter’s transcripts.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff is allowed to review and, at his own expense, to copy the dependency

3 files and the hearing transcripts in San Joaquin County Superior Court Case No. J104272. The
4 review and copying shall be performed under the supervision of Ms. Linda Martinez, Judicial
5 Assistant. Ms. Martinez may be reached at [phone] during regular business hours.
6 Review and copying shall be completed within the period beginning May 8, 2011 and concluding
7 May 18, 2011.
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2. The September 1, 2010 order of Jose L. Alva Judge of the Superior Court of

9 San Joaquin County which is appended to this order is incorporated herein and is applicable to all
10 counsel and other persons involved in this action.
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3. In addition to the provisions of the order of the San Joaquin County Superior

12 Court, the handling of the documents referenced herein shall be governed by Local Rule 141 of
13 this court.
14 DATED: May 2, 2011.
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/leubner.jo(3)

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