Allen, et al v. City of Oakland, et al

Filing 575

ORDER re: weekly reports. Plaintiffs' counsel shall have access to weekly reports subject to a proposed protective order to be filed by the parties on or before 11/15/10. Signed by Judge Thelton E. Henderson on 11/05/10. (tehlc3, COURT STAFF) (Filed on 11/5/2010)

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Allen, et al v. City of Oakland, et al Doc. 575 1 2 3 4 5 6 7 8 9 10 11 12 On August 31 and September 15, 2010, this Court ordered Defendants to submit v. CITY OF OAKLAND, et al., Defendants. DELPHINE ALLEN, et al., Plaintiffs, MASTER CASE FILE NO. C00-4599 TEH ORDER RE: WEEKLY REPORTS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 weekly reports to the Monitor. On October 25, 2010, the Court extended the deadline for 14 submitting such reports to 12:00 noon, Pacific time, on Wednesday of each week. 15 These orders were silent on whether Plaintiffs' counsel are entitled to receive copies 16 of the weekly reports and whether the weekly reports should be filed in the public record, and 17 Plaintiffs and Defendants have submitted briefs setting forth their respective positions on 18 these issues. Upon careful consideration of the parties' arguments, the Court finds good 19 cause to order the following: 20 1. On or before 12:00 noon, Pacific time, on Wednesday of each week, Defendants 21 shall submit the weekly reports that are the subject of the above orders to Plaintiffs' counsel 22 via electronic mail. This deadline shall automatically be extended accordingly if the 23 Monitor, in his discretion, extends the deadline for Defendants to submit any particular 24 weekly report to the Monitor. This order shall take effect with the weekly reports due on 25 November 17, 2010. 26 2. The weekly reports shall not be filed in the public record and shall be deemed 27 confidential. The parties shall meet and confer and file a stipulation and proposed protective 28 order on or before November 15, 2010. 1 1 3. Any party seeking to file any weekly report or portion thereof as an exhibit to a 2 Court filing shall meet and confer with the opposing party to determine whether filing under 3 seal is warranted and, if so, shall follow the requirements of Civil Local Rule 79-5. The 4 parties are reminded that a request to file a document under seal must "establish[] that the 5 document, or portions thereof, is privileged or protectable as a trade secret or otherwise 6 entitled to protection under the law." Civ. L.R. 79-5. 7 4. Defendants shall provide the Monitor with fully unredacted versions of the weekly 8 reports. Before submitting the reports to Plaintiffs' counsel, Defendants may redact the 9 names of officers who are the subject of personnel matters that do not pertain to issues 10 concerning Defendants' compliance with the Memorandum of Understanding filed on 11 November 24, 2009. 12 5. If, upon receipt of any weekly report, Plaintiffs' counsel believe they are entitled to 13 learn any of the names that have been redacted by Defendants, they shall notify Defendants' 14 counsel and the Monitor within one business day. The parties shall then meet and confer 15 with the Monitor, who shall determine whether good cause exists for the redaction of the 16 names and instruct the parties accordingly. Although the Court expects that reasonable 17 persons acting in good faith should be able to resolve these issues without Court intervention, 18 any party who disagrees with the Monitor's determination may raise the matter before this 19 Court by regular motion practice. 20 21 IT IS SO ORDERED. 22 23 Dated: 11/05/10 24 25 26 27 28 2 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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