Seals v. Mitchell et al

Filing 140

ORDER re 137 Stipulation Regarding In Camera Review. Signed by Magistrate Judge Nandor J. Vadas on 10/12/2010. (hlk, COURT STAFF) (Filed on 10/12/2010)

Seals v. Mitchell et al

Doc. 140

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JONES & DYER A Professional Corporation 1800 J Street Sacramento, California 95814 Telephone: [phone] Fax: [phone] MARK A. JONES, State Bar #96494 KRISTEN K. PRESTON, State Bar #125455 Attorneys for: Defendants John Rynhart and Lyle Thomas LATHAM & WATKINS LLP Al Pfeiffer SBN 120965 Ashley Bauer SBN 231626 Meghna Subramanian SBN 251513 505 Montgomery Street, Suite 2000 San Francisco, CA 94111-6538 415-395-8898 415-395-8075 (fax) Attorneys for Plaintiff Michael Izell Seals

12 13 14 15 16 MICHAEL IZELL SEALS, 17 Plaintiffs, 18 vs . 19 OFFICER RODNEY K. MITCHELL, et al., 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED by and between the parties to this action, by and their respective counsel, as follows: 1. Plaintiff has filed this 42 U.S.C. section 1983 action against Defendants John Rynhart Defendants. _________________________________________ ) ) ) ) ) ) ) ) ) ) ) ) NO. C-04-3764 NJV STIPULATION AND ORDER REGARDING IN CAMERA REVIEW OF PERSONNEL AND OTHER OFFICIAL RECORDS IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

and Lyle Thomas alleging a single cause of action for excessive force. 2. Plaintiff has requested, by Request for Production of Documents to Defendants John
STIPULATION AND ORDER RE IN CAMERA REVIEW OF PERSONNEL RECORDS CASE NO. C-04-3764 NJV
H:\MAJ.cases\Seals v. Lake (2) 3764 - 16079\TRIAL COURT\Pleadings\Proposed Stip and Order Re Personnel Records.wpd

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Rynhart and Lyle Thomas and Deposition Subpoena to Lake County Sheriff's Department, the production of various official records of the County of Lake, including: a. the complete employment, training, performance and personnel records of Deputy John Rynhart and of Deputy Lyle Thomas and diaries and other writings maintained in the course of their employment as peace officers; and b. internal and external investigations, inquiry or commentary regarding the February 5, 2003 arrest of Plaintiff and all events relating to this arrest. 3. In response to Plaintiff's Request for Production of Documents and Deposition

Subpoena, to the extent these documents exist and are located, Lake County Sheriff's Department and Defendants will produce to the court for in camera review the requested records. 4. Following in camera review, the court will determine the content of these records

relevant to claims in this action and/or that pertain to how the defendant officers may have conducted themselves in performance of their duties in regard to this incident. 5. Upon the court's identification of relevant official records, these records shall be

produced to Plaintiff pursuant to the stipulated protective order regarding production of documents alleged to be confidential and/or privileged. Dated: October 8, 2010 LATHAM & WATKINS LLP By: /s/ Meghna Subramanian MEGHNA SUBRAMANIAN Attorneys for Plaintiff

20 21 22 23 Dated: October 8, 2010 24 25 26 27 28 By:

JONES & DYER /s Mark A. Jones MARK A. JONES Attorneys for Defendants John Rynhart and Lyle Thomas

STIPULATION AND ORDER RE IN CAMERA REVIEW OF PERSONNEL RECORDS CASE NO. C-04-3764 NJV
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STIPULATION AND ORDER RE IN CAMERA REVIEW OF PERSONNEL RECORDS CASE NO. C-04-3764 NJV
H:\MAJ.cases\Seals v. Lake (2) 3764 - 16079\TRIAL COURT\Pleadings\Proposed Stip and Order Re Personnel Records.wpd

ORDER Pursuant to stipulation, it is so ordered. Defendants and Lake County Sheriff's Department

are to submit the documents referenced herein to the Court for review on or before October 12, 2010.

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ERED ________T_IS _______D_________________ _ __ SO OR _ I HON. NANDOR J. VADAS United States Magistrate Judge
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October 12, 2010 Dated: _________________________

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