Berger v. Brandon et al

Filing 37

STIPULATION AND ORDER signed by Magistrate Judge Edmund F. Brennan on 9/14/09: The California Highway Patrol's objection to the subpoena on Eleventh Amendment grounds is overruled. The California Highway Patrol will produce the employment records. Counsel for Plaintiff will maintain the documents in confidence and understands that they are intended for the attorney's eyes only. The remainder of the motion is denied as moot 27 . (Kaminski, H)

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EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California STEVEN M. GEVERCER, State Bar No. 112790 Supervising Deputy Attorney General KEVIN W. REAGER, State Bar No. 178478 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants MacDowell, Brandon and Davenport IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

LEO BERGER,

2:08-CV-01688-GEB-EFB Plaintiff, STIPULATION AND ORDER ON MOTION TO COMPEL AND PROTECTIVE ORDER

v. J.T. BRANDON, et al.,

Defendants.

Plaintiff's motion to compel production of documents from the California Highway Patrol came on regularly for hearing on September 2, 2009. The parties appeared through their respective counsels of record. After considering the pleadings and arguments of counsel, IT IS HEREBY ORDERED that: 1. The California Highway Patrol's objection to the subpoena on Eleventh Amendment

grounds is overruled; 2. The California Highway Patrol will produce the employment records described in

request numbers 1 through 3 (history of prior complaints) to Plaintiff's counsel. The documents may be redacted to prevent disclosure of private information relating to third parties; 1
Order On Motion To Compel (2:08-CV-01688-GEB-EFB)

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3.

Counsel for Plaintiff will maintain the documents in confidence and understands that

they are intended for the attorney's eyes only. Counsel agrees to either return or destroy the documents at the conclusion of this litigation; 4. By ordering production of the documents for purposes of discovery, the Court is not

expressing any opinion on the relevancy or admissability of the evidence at trial and neither party has waived any objection to the potential use of the evidence at trial; 5. The remainder of the motion is denied as moot.

IT IS SO STIPULATED. Dated: September 4, 2009 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of California STEVEN M. GEVERCER Supervising Deputy Attorney General

/s/ Kevin W. Reager KEVIN W. REAGER Deputy Attorney General Attorneys for Defendants

Dated: September 4, 2009

Respectfully submitted, The Law Firm of Kallis & Associates

/s/ M. Jeffery Kallis M. JEFFERY KALLIS Attorneys for Plaintiff IT IS SO ORDERED. Dated: September 14, 2009
SA2008304362 30854162.doc

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Order On Motion To Compel (2:08-CV-01688-GEB-EFB)