Lira v. Director of Correct, et al

Filing 417

USCA ORDER re the petitiner's Emergency Petition for Writ of Mandamus. (ys, COURT STAFF) (Filed on 12/29/2008)

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12/24/2008

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DktEntry: 6749431

F IL E D
U N IT E D STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
DEC 24 2008
MOLLY C. DWYER, CLERK
U . S . C O U R T OF APPE A L S

In re: MATTHEW CATE.

N o . 08-75116 D .C . No. 3:00-cv-00905-SI N o rth ern District of California, San Francisco

M A T T H E W CATE, Petitioner,

ORDER v. U N IT E D STATES DISTRICT COURT F O R THE NORTHERN DISTRICT OF C A L IF O R N IA , Respondent, E R N E S T O G. LIRA, Real Party in Interest.

B efo re: GOODWIN, CLIFTON and BEA, Circuit Judges. T h e Petitioner's Emergency Petition for Writ of Mandamus filed December 1 9 , 2008, supporting papers and opposition thereto filed December 22, 2008 were rev iew ed by the motions panel. After consideration of the said filings and the reco rd on file herein, the court issues the following orders:

KB/MOATT

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1 . Real Party in Interest Plaintiff Ernesto Lira's motion to strike is granted. 2 . The Emergency Petition for Writ of Mandamus is granted in part, as set f o r th in this order. 3 . The district court is ordered to prevent disclosure to plaintiff Lira of (a) th o se certain materials compiled by California Department of Corrections and R eh ab ilitatio n ("CDCR") in the course of its gang "validation" process that have b een produced to plaintiff's counsel on an attorneys'-eyes-only basis or (b) the id en tities and records of confidential informants used by CDCR in its gang v a lid a tio n process of plaintiff. 4 . If and when said materials are to be used or referred to at trial so that the id en tities of the confidential informants would be disclosed, the district court will c le ar the courtroom of the public, and of plaintiff Lira, and proceed in the presence of only those persons which the district court has previously authorized to know su ch identities, through its Stipulated Protective Order filed May 21, 2007. 5. If there is a proffer by plaintiff which establishes the need for plaintiff to learn of the identities of the confidential informants with respect to a material issue o f fact, which issue is specifically identified by plaintiff in such proffer, the district c o u r t may, in camera, consider said proffer and any evidence and argument offered in support thereof, and any opposition thereto, and subject to the district court
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m a k in g a finding on the record that such need exists, may at that point authorize p la in tif f's counsel to inform plaintiff of the identities of said confidential in f o r m a n ts . Any such information regarding the identities of the confidential in fo rm an ts to plaintiff shall take place outside the hearing of the public. 6. Any ruling by the district court which authorizes plaintiff's counsel to in fo rm plaintiff of the identities of the confidential informants shall be subject to a ren ew ed Emergency Petition for Mandamus; the district court will allow the State o f California, should it so choose, a reasonable time in which to file such E m erg en cy Petition for Mandamus.

So ordered.

KB/MOATT

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