Plata et al v. Schwarzenegger et al

Filing 2594

ORDER re: confidentiality of communications with Receiver. Signed by Judge Thelton E. Henderson on 04/15/13. (tehlc3, COURT STAFF) (Filed on 4/15/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 MARCIANO PLATA, et al., 6 NO. C01-1351 TEH Plaintiffs, 7 v. 8 EDMUND G. BROWN JR., et al., 9 ORDER RE: CONFIDENTIALITY OF COMMUNICATIONS WITH RECEIVER Defendants. 11 For the Northern District of California United States District Court 10 The Receiver has informed the Court that, in the related three-judge court 12 proceedings, Defendants served discovery on Plaintiffs requesting communications between 13 Plaintiffs and the Receiver. These discovery requests have been dismissed by the three-judge 14 court. Plata/Coleman v. Brown Apr. 11, 2013 Op. & Order Denying Defs.’ Mot. to Vacate 15 or Modify Population Reduction Order at 25. This Court nonetheless finds it prudent to 16 remind the parties that their communications with the Receiver, whether ex parte or joint, are 17 confidential. However, the Court does not intend to make confidential any records or 18 communications that would otherwise be public due to the Receiver’s exercise of the powers 19 of the Secretary of the California Department of Corrections and Rehabilitation as to the 20 prison medical health care system. Prior to disclosing any communications with the Receiver 21 to anyone, including opposing counsel, the parties must meet and confer with the Receiver to 22 determine whether the communications are protected. Any disputes concerning 23 confidentiality will be decided by this Court or referred to a magistrate judge for resolution. 24 25 IT IS SO ORDERED. 26 27 Dated: 04/15/13 28 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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