Plummer v. City of Richmond et al

Filing 87

Order re Discovery Issues. Signed by Judge Vince Chhabria on 7/9/2015. (knm, COURT STAFF) (Filed on 7/9/2015)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

STACIE PLUMMER,

Case No. 14-cv-03962-VC

Plaintiff,
8
v.

ORDER RE DISCOVERY ISSUES

9
10

CITY OF RICHMOND, et al.,
Defendants.

Re: 71, 72, 76, 78

United States District Court
Northern District of California

11
12
13

The City has waived the attorney-client privilege with respect to the reports prepared by

14

Sue Ann Van Dermyden that were the subject of the press release. See, e.g., Electro Scientific

15

Indus. v. Gen. Scanning, Inc., 175 F.R.D. 539, 542-544 (N.D. Cal. 1997). The City is ordered to

16

submit a copy of the reports within 7 days of the date of this order for in camera inspection after

17
18

highlighting any text the City believes should be redacted for employee privacy reasons or because
it is beyond the scope of the waiver. The parties may decide among themselves whether the

19
20
21
22

reports should be the subject of a protective order; that decision will have no bearing on the
Court's decision whether the documents should be filed under seal if they become part of the
record in this case.

23

The City is ordered to inform the Court within 14 days of the date of this order how it is

24

handling Mr. Herrera's motion. If necessary, the Court will rule on the issue after it receives the

25

City's response.

26
The defendants' request for a protective order with respect to the Requests for Admission is
27
28

granted. Because the position Plummer took in the dispute about the Requests for Admission was

1

vexatious, she is ordered to pay the fees and costs the defendants incurred in litigating the dispute.

2

The parties are ordered to meet and confer to determine the reasonable amount of fees and costs

3

incurred. If the parties are unable to agree, the defendants should file a declaration within 7 days

4

of the date of this order in support of their request. Plummer will have 4 days to respond, at which

5

point the Court will issue a ruling.

6
7
8
9
10

IT IS SO ORDERED.
Dated: July 9, 2015
______________________________________
VINCE CHHABRIA
United States District Judge

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2