Stevenson et al v. City and County of San Francisco et al

Filing 107

ORDER GRANTING ADMINISTRATIVE MOTION FOR LEAVE TO FILE: (1) PORTIONS OF PLAINTIFFS' MOTION FOR TERMINATING SANCTIONS, OR, IN THE ALTERNATIVE, LESSER SANCTIONS, AGAINST DEFENDANTS FOR THEIR INTENTIONAL SPOLIATION OF RELEVANT EVIDENCE; AND (2) CERTAIN EXHIBITS, AND PORTIONS OF CERTAIN EXHIBITS, UNDER SEAL. Signed by Judge Maxine M. Chesney on August 24, 2015. (mmclc1, COURT STAFF) (Filed on 8/24/2015)

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MURLENE J. RANDLE, State Bar #98124
R. WILLIAM REED, Of Counsel, State Bar #261931
LAW OFFICES OF M. J. RANDLE
235 Montgomery Street, Suite 716
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
E-Mail: [e-mail]
Attorneys for the Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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AARON C. STEVENSON, KEVIN D.
TAYLOR, KEVIN W. SMITH, AUDRY LEE,
and KIRK W. RICHARDSON,

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Plaintiffs,
v.
THE CITY AND COUNTY OF SAN
FRANCISCO, THE SAN FRANCISCO FIRE
DEPARTMENT, THE SAN FRANCISCO
FIRE COMMISSION, and THE CIVIL
SERVICE COMMISSION OF SAN
FRANCISCO,
Defendants.

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Case No. CV 11 4950 MMC
[PROPOSED] ORDER GRANTING
ADMINISTRATIVE MOTION FOR LEAVE
TO FILE: (1) PORTIONS OF PLAINTIFFS’
MOTION FOR TERMINATING SANCTIONS,
OR, IN THE ALTERNATIVE, LESSER
SANCTIONS, AGAINST DEFENDANTS FOR
THEIR INTENTIONAL SPOLIATION OF
RELEVANT EVIDENCE; AND (2) CERTAIN
EXHIBITS, AND PORTIONS OF CERTAIN
EXHIBITS, UNDER SEAL
Hearing Date:
Hearing Time:

September 11, 2015
9:00 a.m.

Place:

Federal Courthouse (NDCA)
450 Golden Gate Avenue
San Francisco, CA 94102
Courtroom 7, 19th Floor

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Hearing Judge:

Hon. Maxine M. Chesney

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Date Action filed:
Trial Date:

October 6, 2011
January 11, 2016

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Dec. ISO P’s Admin. Mot. For Leave To
File Documents Under Seal
Case No. CV 11 4950 MMC

ORDER

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Plaintiffs’ motion to file documents under seal in connection with their spoliation motion came

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before the court at 9:00 a.m. on September 11, 2015, in Courtroom 7 of the above captioned Court

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before the Honorable Maxine M. Chesney. Murlene J. Randle appeared on behalf of the Plaintiff and

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Deputy City Attorney Jonathan Rolnick appeared on behalf of the Defendants.

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The Plaintiffs filed an administrative motion pursuant Local Rule 79-5(e). The Defendants

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filed a Declaration under subsection 79-5(d)(1)(A) on August 14, 2015 , as required by Rule 79-

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5(e), establishing that all of the designated material is sealable.

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GOOD CAUSE HAVING BEEN FOUND, pursuant to the Rule 79-5(d)(1)(A) Declaration,

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and any oral argument taken, IT IS HEREBY ORDERED that the Plaintiffs’ administrative motion for

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leave to file portions of Plaintiffs’ motion for terminating sanctions, or, in the alterative, lesser

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sanctions, against Defendants for their intentional spoliation of relevant evidence (Exhibit 1), certain

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exhibit, and portions of certain exhibits, is GRANTED as follows:
Portions of the Plaintiffs’
Exhibit 2
Motion for Terminating
Sanctions, or, In The
Alternative, Lesser Sanctions,
Against the Defendants for
Their Intentional Spoliation of
Relevant Evidence
Excerpts of David B. Johnson’s
Exhibit 3
January 21, 2015 Deposition
Transcript

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Exhibit 4

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Dec. ISO P’s Admin. Mot. For Leave To
File Documents Under Seal
Case No. CV 11 4950 MMC

The Rater Manual
Staff
PUBLIC SAFETY TEAM
H-50 Assistant Chief
Fire Scene Simulation Exercise
September 2010,”

Granted: x
Denied:

Granted: x
Denied:
Granted:
Denied:

x

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Exhibit 5

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Exhibit 6

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Exhibit 7
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Exhibit 8

The (1) transcript of candidate
5001’s oral responses to each
scenario of the Fire Scene
Simulation Exercise; (2) the
Answer Keys for each Fire
Scene Simulation Exercise
scenario; and (3) the Record of
Scores of candidate 5001 for
each Fire Scene Simulation
Exercise scenario
The (1) the documentation
portion of candidate 5001 for
the Supervision / Training
Performance Exercise, (2) a
blank Supervision / Training
Performance Exercise Scoring
Key, and (3) the Supervision /
Training Performance Exercise
Record of Scores completed by
the raters for candidate 5001
The Rebuttal Declaration of
Arthur Gutman, Ph.D., of
Expert Report by Cristina
Banks, Ph.D
Expert Report of Arthur
Gutman, Ph.D. (Validity)

Exhibit 9

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Denied:

Granted: x
Denied:

Granted:

x

Denied:
Granted: x
Denied:

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Granted: x

Exhibit 10

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Dec. ISO P’s Admin. Mot. For Leave To
File Documents Under Seal
Case No. CV 11 4950 MMC

Portions of Plaintiff Kevin D.
Taylor’s Amended Response To
Defendant’s Special
Interrogatories, Set Three
Portions of Plaintiffs’ Analysis
and Review Regarding The
2010 H-50 Assistant Chief
Promotional Examination

Granted: x
Denied:
Granted:
Denied:

x

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A revised section of the
Plaintiffs’ Analysis and Review
Regarding The 2010 H-50
Assistant Chief Promotional
Examination related to the
“Initial Response:
Communications” dimension of
the High-Rise Scoring Key, and
associate pie charts for the
High-Rise section and pie chart
that reflects the incorrect
response anchors for all four fire
scene scenarios
Excerpts of Cristina G. Bank’s,
Ph.D., June 29, 2015 Deposition
Transcript

Exhibit 11

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Exhibit 12
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Excerpts of Chief Patrick
Gardner’s January 13, 2015
Deposition Transcript and
exhibits one, two, three, and
twelve
Excerpts of Chief Arthur
Kenney’s December 17, 2014
Deposition Transcript and
exhibits four & six

Exhibit 13
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Exhibit 14

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Granted: x
Denied:

Granted: x
Denied:
Granted: x
Denied:

Granted:

x

Denied:

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IT IS SO ORDERED.

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Dated: August 24

, 2015

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Dec. ISO P’s Admin. Mot. For Leave To
File Documents Under Seal
Case No. CV 11 4950 MMC

_____________________________________
Hon. Maxine M. Chesney
District Court Judge