Moore v. Gonzalez et al

Filing 78

ORDER signed by Magistrate Judge Allison Claire on 09/17/13 ordering within 14 days, defendants may file 1) a request for any further redactions to the internal affairs report prior to its production to plaintiff, with a statement of specific reasons, and 2) a proposed protective order. The deadline to re-notice defendants' motion for summary judgment 71 at 13-14, shall run from the final order of this court directing the form in which the report shall be produced. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MERRICK MOORE,

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No. 2:11-cv-3273 AC P

Plaintiff,
v.

ORDER

L. GONZALEZ, et al.,
Defendant.

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By Order filed July 22, 2013, plaintiff’s motion to compel was granted in part and denied

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in part. ECF No. 71. Defendants were ordered to produce for in camera review a redacted

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version of the Internal Affairs Report regarding the incident that gives rise to plaintiff’s claims.

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The report was timely submitted and has been reviewed. The court has weighed the potential

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benefits of disclosure against the potential disadvantages, see Sanchez v. City of Santa Ana, 936

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F.2d 1027, 1033-34 (9th Cir. 1990), and concludes that the report should be produced to plaintiff.

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Because the report documents the statements of individuals who were present at the incident, its

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contents are both highly relevant and reasonably likely to lead to the development of admissible

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evidence. See Fed. R. Civ. P. 26(b)(1).

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In light of the security concerns expressed in defendants’ opposition to the motion to

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compel, the court invites defendants’ position regarding any further redactions that should be

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considered prior to an order directing production. Defendants may also submit a proposed
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Discovery Protective Order for the court’s consideration.

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Accordingly, IT IS ORDERED that:

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1.

Within fourteen days, defendants may file (1) a request for any further redactions to

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the internal affairs report prior to its production to plaintiff, with a statement of

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specific reasons; and (2) a proposed protective order;

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2. The deadline to re-notice defendants’ motion for summary judgment, see ECF No. 71

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at 13-14, shall run from the final order of this court directing the form in which the

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report shall be produced.

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DATED: September 17, 2013

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