Johnson v. United States of America et al

Filing 271

ORDER RE SUPPLEMENTAL DISCOVERY. Signed by Judge James Donato on 3/28/2016. (jdlc1S, COURT STAFF) (Filed on 3/28/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES ELLIS JOHNSON,
Plaintiff,

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Case No. 13-cv-02405-JD
ORDER RE SUPPLEMENTAL
DISCOVERY

v.
UNITED STATES OF AMERICA,

Re: Dkt. Nos. 256, 263, 269

Defendant.
On March 16, 2016, the Court ordered San Francisco Deputy City Attorney Newton

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United States District Court
Northern District of California

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Oldfather, or another appropriate CCSF employee, to “file a declaration by March 23, 2016,

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explaining whether the photos produced to Mr. Johnson were altered or cropped in any way.”

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Dkt. No. 263 at 2. In response, Deputy City Attorney Margaret Baumgartner filed a declaration

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stating that “the photos provided to Plaintiff have not been altered or cropped.” Dkt. No. 269 ¶ 2.

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That is sufficient and the Court deems this issue to be closed.

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The question about the number of photos of plaintiff James Johnson was not adequately

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answered. Attorney Baumgartner answered on “information and belief” about “photos provided to

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us by the Sheriff’s Department.” Id. ¶¶ 3, 4. This is not enough. The Court requires a statement

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from a person with knowledge in the Sheriff’s Department confirming that a copy of each and

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every photograph taken of Johnson on January 30, 2012 was provided to the San Francisco City

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Attorney’s Office. A deputy city attorney should then confirm that all of those photos were

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produced to Johnson. The declarations must be filed by Monday, April 4, 2016.

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IT IS SO ORDERED.
Dated: March 28, 2016

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JAMES DONATO
United States District Judge