Clark Fratus et al v. County of Contra Costa et al

Filing 28

Discovery Order re: 27 Discovery Letter Brief (terms of protective order). Signed by Judge Maria-Elena James on 10/5/2015. (cdnS, COURT STAFF) (Filed on 10/5/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CLARK FRATUS, et al.,

Case No. 14-cv-05533-MEJ

Plaintiffs,
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DISCOVERY ORDER RE:
PROTECTIVE ORER TERMS

v.
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COUNTY OF CONTRA COSTA, et al.,

Re: Dkt. No. 27

Defendants.

United States District Court
Northern District of California

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On July 27, 2015, the Court granted Defendants’ request to compel the inspection of

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Plaintiffs’ properties, 2284 and 2300 Dutch Slough Road, to be conducted by Alison Teeman and

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an inspector with the County’s Building Inspection Department. Dkt. No. 24. The Court also

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granted Plaintiffs’ request for a protective order, limiting the information obtained from the

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inspection to use in this lawsuit. Id. Now before the Court is the parties’ joint letter regarding

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their dispute over the terms of the protective order. Dkt. No. 27. Having reviewed the parties’

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positions, the Court ORDERS as follows:

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1) The inspectors may open doors and peer into spaces, such as closets and utility spaces,
but shall not open drawers to any furniture.

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2) The inspectors may communicate, verbally or non-verbally, with Plaintiffs’ tenants

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during the inspection of the 2284 property. While there appears to be no reason for

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Defendants to initiate substantive conversations, Plaintiffs have failed to present

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good cause for the Court to preclude the inspectors from communicating with any

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tenants at the property who may wish to communicate with them. Any information

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obtained through such communications shall be limited to use in this lawsuit.

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3) The inspectors do not need to “stay congregated” during the inspections.

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4) All notes, reports, etc. from the inspection are already subject to the protective order.
Therefore, they shall not be placed in a file under seal with the Court.
IT IS SO ORDERED.

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Dated: October 5, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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