Azam v. Contra Costa County et al

Filing 58

ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL 46 ; Signed by Judge Marilyn Hall Patel on 1/15/2009. (awb, COURT-STAFF) (Filed on 1/16/2009)

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434088.02

KEKER & VAN NEST, LLP ASHOK RAMANI - #200020 BROOK DOOLEY - #230423 JENNIFER A. HUBER - #250143 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ZAMEER RIAZ AZAM

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ZAMEER RIAZ AZAM, Plaintiff, v. OFFICER M. JOHNSON, Defendant. Case No. C-05-1858-MHP (PR) [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM THE CONTRA COSTA COUNTY OFFICE OF THE SHERIFF-CORONER Date: Time: Dept: Judge: January 12, 2009 2:00 p.m. Courtroom 15, 18th Floor Hon. Marilyn Hall Patel

Trial Date: February 17, 2009

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[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM THE CONTRA COSTA COUNTY OFFICE OF THE SHERIFF-CORONER CASE NO. C-05-1858-MHP (PR) 434236.01

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This matter came before the Court on Plaintiff Zameer Riaz Azam's Motion to Compel Production of Documents from Contra Costa County Office of the Sheriff-Coroner. Having considered the papers, the declarations on file, the arguments of counsel, and the case record, the Court hereby ORDERS as follows: Pursuant to the Stipulated Protective Order filed November 19, 2008, the Contra Costa Office of the Sheriff-Coroner ("Sheriff") is ordered to produce any and all records pertaining to complaints or issues of the credibility of Defendant Officer Mark Johnson, and Officers Martin Echelmeier and Allen Molien, including Internal Affairs records, personnel files, and testimony, going back not to exceed five years from October 29, 2003 and going forward from October 29, 2003, to the present date. The term "credibility" is to be interpreted broadly. Where questions arise as to whether documents should be produced, the Sheriff will produce them. The Sheriff is further ordered to produce any and all records concerning Defendant Officer Mark Johnson pertaining to complaints or issues regarding his treatment of persons taken into custody, lawfulness of detentions or arrests, and protective orders or violations of protective orders, including Internal Affairs records and personnel files. The Sheriff shall produce all such records concerning Officer Johnson going back not to exceed five years from October 29, 2003, and going forward to the present date. The documents identified herein shall be produced on an Attorneys' Eyes Only basis and shall governed by the November 19, 2008 Protective Order in this matter. Plaintiff's counsel may further disclose these documents only to a single retained investigator subject to the Protective Order in this matter. 15 Dated: January ___, 2009

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[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM THE CONTRA COSTA COUNTY OFFICE OF THE SHERIFF-CORONER CASE NO. C-05-1858-MHP (PR) 434236.01

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HON. MARILYN HALL PATEL UNITED STATES DISTRICT COURT NORTHERN DISTRICTl OF H. Pate Marilyn CALIFORNIA Judge

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