Kozacenko v. State of California

Filing 52

ORDER signed by Magistrate Judge Dale A. Drozd on 6/13/2014. Plaintiff's 44 Motion to Compel responses to interrogatories is GRANTED as modified on the record. On or before 7/11/2014, defendants shall produce to plaintiff records of phone cal ls placed on requested defendants' personal cell phones relating to incident that is subject of action from the moment the incident began until midnight that same day. Defendants may redact all information related to any calls not relevant to in cident at issue and may redact unnecessary information as to relevant calls so long as receiver of call is identified. And within 7 days of date of this Order, defendants shall advise Court of date upon which Attorney General's Office first received Form 268 placed at issue by plaintiff's Motion to Compel and which has been submitted to Court for in camera review. (Marciel, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OLEGS KOZACENKO, 12 13 14 15 No. 2:12-cv-2196 MCE DAD Plaintiff, v. ORDER CALIFORNIA HIGHWAY PATROL OFFICER ANDREW P. MURRILL, et al., 16 Defendants. 17 18 This matter came before the court on June 13, 2014, for hearing of plaintiff’s motions to 19 compel. Attorney Stewart Katz appeared on behalf of the plaintiff. Deputy Attorney General 20 Alberto L. Gonzalez and Deputy Attorney General Neli N. Palma appeared on behalf of the 21 defendants. 22 23 24 25 26 Upon consideration of the arguments on file and at the hearing, and for the reasons set forth on the record at the hearing, IT IS HEREBY ORDERED that: 1. Plaintiff’s motion to compel responses to interrogatories (Dkt. No. 44) is granted as modified on the record; 2. On or before July 11, 2014, defendants shall produce to plaintiff records of 27 phone calls placed on the requested defendants’ personal cell phones relating to the incident that 28 is the subject of this action from the moment the incident began until midnight that same day; 1 1 3. Defendants may redact all information related to any calls not relevant to the 2 incident at issue and may redact unnecessary information as to relevant calls so long as the 3 receiver of the call is identified; and 4 4. Within seven days of the date of this order, defendants shall advise the court the 5 date upon which the Office of the Attorney General first received the Form 268 placed at issue by 6 plaintiff’s motion to compel and which has been submitted to the court has for in camera review . 7 Dated: June 13, 2014 8 9 10 11 12 DAD:6 Ddad1\orders.civil\kozacenko2196.oah.061314 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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