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

Filing 40

ORDER SETTING HEARING ON DISCOVERY DISPUTE 38 FOR OCTOBER 17, 2013. Signed by Judge Maria-Elena James on 10/10/2013. (mejlc2, COURT STAFF) (Filed on 10/10/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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EDUARDO ENRIQUE ALEGRETT,
Plaintiff,

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v.

No. C 12-05538 MEJ
ORDER SETTING DISCOVERY
HEARING

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CITY AND COUNTY OF SAN FRANCISCO,
et al.,

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Defendants.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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On September 25, 2013, the parties in this action filed a joint discovery letter detailing a

14 dispute regarding Plaintiff’s Requests for Production of Documents to Defendant City and County of
15 San Francisco, Set One, Request No. 30. Dkt. No. 38. The Court has reviewed the parties’ letter and
16 finds that a hearing on this issue is necessary.
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Accordingly, the Court sets this matter for hearing on October 17, 2013, at 10:00 a.m. in

18 Courtroom B.
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In advance of the hearing, the Court issues the following questions which counsel should be

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For Plaintiff:

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Plaintiff’s Request No. 30 seeks all documents imposing discipline on any SFPD officer
following a finding by the Office of Citizen Complaints that a Citizen Complaint alleging
excessive force was substantiated from 2007 to the present. Why are documents imposing
discipline after the date of the incident giving rise to Plaintiff’s claims (February 7, 2012)
relevant?

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For Defendant:

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How many Citizen Complaints alleging excessive force has OCC sustained between 2007 and
February 7, 2012?

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For those complaints identified in question 1, how many resulted in disciplinary action?

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What is the SFPD’s protocol for discipline following a finding by OCC that an excessive
force complaint was substantiated? Particularly, does SFPD generate and maintain documents
such as those sought by Plaintiff in Request No. 30?
Defendant relies on statements from Lt. Vaswani, which Defendant has also submitted in
other lawsuits in this district. Has Defendant been ordered to produce similar documents in
any other case involving a Monell claim?

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IT IS SO ORDERED.
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Dated: October 10, 2013
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_______________________________
Maria-Elena James
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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