Halbleib v. Coppage et al
Filing
62
ORDER Granting in Part, Denying in Part, and Deferring Ruling in Part 38 Plaintiff's Motion to Compel. Signed by Magistrate Judge Edward M. Chen on 7/6/2009. (emcsec, COURT STAFF) (Filed on 7/6/2009)
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1 2 3 4 5 6 7 8 9 10 v. CHP OFFICER DALE COPPAGE, Defendant. ___________________________________/ JOSEPH HALBLEIB, Plaintiff, ORDER GRANTING IN PART, DENYING IN PART, AND DEFERRING RULING IN PART PLAINTIFF'S MOTION TO COMPEL (Docket No. 38) No. C-08-2657 CW (EMC) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
United States District Court
11
For the Northern District of California
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Plaintiff has moved to compel the production of documents from Defendant. Based on the parties' papers, it appears that only two categories of documents are at issue: (1) documents relating to the November 2007 training incident and (2) documents related to Defendant's personnel records. The Court defers ruling on the first category of documents. Defendant is ordered to file under seal a copy of the documents at issue so that the Court may conduct an in camera review. Defendant shall not serve a copy of the documents on Plaintiff, and Plaintiff shall not be permitted to view a copy of the documents filed under seal absent further order of the Court. Defendant shall file a copy of the documents by July 6, 2009. As to the second category of documents, Plaintiff indicated that he was willing to narrow the scope of the request. The Court holds that, with respect to the personnel records (including but not limited to evaluations and complaints), Defendant need only produce documents concerning: (1) an alleged use of violent force, (2) an allegedly unreasonable seizure or arrest, (3) alleged untruthfulness, (4) an alleged failure to report, or (5) an alleged neglect of duty.
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For the foregoing reasons, Plaintiff's motion to compel is granted in part and denied in part and the Court defers ruling on the remainder of the motion pending in camera review.
IT IS SO ORDERED.
Dated: July 6, 2009 _________________________ EDWARD M. CHEN United States Magistrate Judge
United States District Court
11
For the Northern District of California
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