Schmidt v. Contra Costa County et al

Filing 127

DISCOVERY ORDER re 109 Letter filed by Denise Schmidt. Signed by Judge Maria-Elena James on 7/7/2010. (mejlc1, COURT STAFF) (Filed on 7/7/2010)

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Schmidt v. Contra Costa County et al Doc. 127 1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT Northern District of California DENISE SCHMIDT, v. Plaintiff, No. C 05-197 VRW (MEJ) ORDER RE JOINT DISCOVERY DISPUTE LETTER (DKT. #109) CONTRA COSTA COUNTY, KEN TORRE, THOMAS MADDOCK, LAUREL BRADY, LOIS HAIGHT, and BARRY BASKIN, Defendants. ____________________________________/ Before the Court is the joint discovery dispute letter filed on June 29, 2010 by Plaintiff Denise Schmidt and individual Defendant Ken Torre. (Dkt. #109.) The dispute concerns Plaintiff's request that Mr. Torre provide documents that he maintains are not in his possession, custody, or control. Specifically, Plaintiff seeks Contra Costa County Superior Court Executive Committee Minutes and Agendas from August 2003 to July 2004. Mr. Torre states that he retired from his position as Court Executive Officer at the court in October 2008 and maintains that he does not have the legal right to obtain the documents requested. Upon review of the parties' arguments, the Court finds that Plaintiff has failed to show that an individual defendant is required to obtain documents that are not in his possession, custody, or control. As the Superior Court is not a party to this action, the proper procedure for obtaining the records is to subpoena the documents from the Superior Court. Accordingly, Plaintiff's request is hereby DENIED. IT IS SO ORDERED. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: July 7, 2010 _______________________________ Maria-Elena James Chief United States Magistrate Judge

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