Robinson v. San Joaquin County et al

Filing 226

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/7/19 GRANTING 223 REQUEST to redact Plaintiff's Trial Exhibits. (Kaminski, H)

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KROLOFF, BELCHER, SMART,
PERRY & CHRISTOPHERSON
A Professional Law Corporation
VELMA K. LIM, SBN 111006
JAMIE M BOSSUAT, SBN 267458
7540 Shoreline Drive
Stockton, CA 95219
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant
COUNTY OF SAN JOAQUIN, sued
erroneously as SAN JOAQUIN COUNTY
EMPLOYMENT AND ECONOMIC
DEVELOPMENT DEPARTMENT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO BRANCH

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ANTHONY W. ROBINSON,

CASE NO. 2:12-CV-02783 CKD

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Plaintiff,
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vs.

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SAN JOAQUIN COUNTY EMPLOYMENT
AND ECONOMIC DEVELOPMENT
DEPARTMENT AND JOHN SOLIS,

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NOTICE OF REQUEST AND REQUEST TO
REDACT DOCUMENTS
Trial Date: June 10, 2019
Courtroom: 24
Magistrate Judge: Hon. Carolyn K. Delaney

Defendants.

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE that defendant will and hereby does move this Court for an

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order redacting the names and employee numbers on trial exhibits 30 through 37 such that

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only the first name and last initial is unredacted. This Motion is made pursuant to Eastern

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District Local Rule 141 and is based upon the privacy interests of the individual employees.

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This Motion is based upon this Notice of Motion, the accompanying Memorandum of

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Points and Authorities, the unredacted exhibits previously submitted to the Court in this
NOTICE OF REQUEST AND REQUEST TO REDACT
DOCUMENTS
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CASE NO. 2:12-CV-02783 CKD

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matter, and the redacted exhibits which are included with this Motion.

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Dated: May 28, 2019

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KROLOFF, BELCHER, SMART,
PERRY & CHRISTOPHERSON
A Professional Law Corporation

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By:

/s/_Jamie M. Bossuat
JAMIE M. BOSSUAT
Attorneys for Defendant
COUNTY OF SAN JOAQUIN

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REQUEST TO REDACT – POINTS AND AUTHORITIES

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Plaintiff’s trial exhibits include employee performance evaluations for individuals who

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are not parties to this case. In order to protect the privacy interests of these individuals,

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Defendant County of San Joaquin requests that the Court order that the names on the

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evaluations be partially redacted such that only the first name and last initial of the individuals

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appears on the evaluations. Additionally, the County requests that the employee numbers be

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redacted from the evaluations. Defendant has attached its proposed redactions to this Motion

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anticipating that if the Motion is granted, these copies can be substituted for the unredacted

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versions that were previously submitted to the Court.

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Eastern District Local Rule 141 provides that documents may be sealed only by written

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order of the Court, upon the showing required by applicable law. Defendant’s request is

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supported by the individual employee’s right to privacy.

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recognizes “inalienable rights,” including the right of privacy which are broader than those

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guaranteed by the U.S. Constitution. California Constitution, Art. I, § 1; American Academy of

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Pediatrics v. Lungren, 16 Cal.4th 307, 327-328 (1997).

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individual’s interest in precluding the dissemination or misuse of sensitive and confidential

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information. See Hill v. National Collegiate Athletic Ass’n, 7 Cal.4th 1, 20, 35; Sheehan v. San

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Francisco 49ers, Ltd, 45 Cal.4th 992, 10000 (2009).

The California Constitution

The right to privacy includes

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Employee performance reviews are sensitive documents maintained as part of

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personnel files that the employees understand are protected from public disclosure.

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Defendant’s potential redaction of the employee number and the last name except for the last
NOTICE OF REQUEST AND REQUEST TO REDACT
DOCUMENTS
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CASE NO. 2:12-CV-02783 CKD

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initial protects the employees’ privacy interest while at the same time allowing the documents

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to be utilized in the upcoming trial in this matter. The first name and last initial will allow the

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witnesses to testify regarding the documents without public disclosure of the employee’s

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identities.

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Specifically, Defendant County of San Joaquin requests that the Court issue an order

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requiring (1) employee names be redacted, leaving the first name and last initial undredacted,

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and (2) employee numbers be redacted. This request applies to the following exhibits:
• Exhibit 30 – Employee Performance Report for Linda H., 11/10/08 – 11/30/09,
SJC/AR 001233;
• Exhibit 31 – Employee Performance Report for Judy B., 10/20/08 – 10/15/09,
SJC/AR 001239;
• Exhibit 32 – Employee Performance Report for Michael S., 11/05/08 – 11/08/09,
SJC/AR 001220;
• Exhibit 33 – Employee Performance Report for Cheryl F., 11/05/08 – 11/08/09,
SJC/AR 001235;
• Exhibit 34 – Employee Performance Report for Hector Q., 11/05/08 – 11/08/-09,
SJC/AR 001228-1229;
• Exhibit 35 – Employee Performance Report for Nancy P., 11/05/08 – 11/08/09,
SJC/AR 001231
• Exhibit 36 – Employee Performance Report for Lorie C., 11/05/08 – 11/08/09,
SJC/AR 001237
• Exhibit 37 – Employee Performance Report for Charles S., 11/05/08 – 11/08/09,
SJC/AR 001241

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Dated: May 28, 2019

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KROLOFF, BELCHER, SMART,
PERRY & CHRISTOPHERSON
A Professional Law Corporation

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By:

/s/_Jamie M. Bossuat
JAMIE M. BOSSUAT
Attorneys for Defendant
COUNTY OF SAN JOAQUIN

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NOTICE OF REQUEST AND REQUEST TO REDACT
DOCUMENTS
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CASE NO. 2:12-CV-02783 CKD

[PROPOSED] ORDER

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Having read and considered the foregoing points and authorities, and good cause
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appearing therefore, Defendant County of San Joaquin’s request to redact Plaintiff’s Trial

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Exhibits nos. 30, 31, 32, 33, 34, 35, 36, and 37 is GRANTED. The employee name will be
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redacted so that only the first name and last initial remain unredacted and the employee
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numbers will be redacted.
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Dated: June 7, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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NOTICE OF REQUEST AND REQUEST TO REDACT
DOCUMENTS
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CASE NO. 2:12-CV-02783 CKD