Narog v. City of Redwood City et al

Filing 40

ORDER FOR SUPPLEMENTAL BRIEFING RE: JOINT DISCOVERY LETTER 33 . Redwood City shall lodge the following documents for in camera review by April 3, 2014: RC 459, 564, 565-568, 672, 673-92. In addition, if Redwood City continues to assert the official information privilege, it must file a declaration or affidavit by April 3, 2014. Signed by Magistrate Judge Donna M. Ryu on 03/29/14. (dmrlc2, COURT STAFF) (Filed on 3/29/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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CORY NAROG,

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Plaintiff(s),
v.

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ORDER FOR SUPPLEMENTAL
BRIEFING RE: JOINT DISCOVERY
LETTER [33]

CITY OF REDWOOD CITY,

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No. C-13-03237 DMR

Defendant(s).
___________________________________/

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Before the court is a joint discovery letter filed by Plaintiff Cory Narog and Defendant City
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of Redwood City. [Docket No. 33.]
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In the letter, Plaintiff seeks to compel the production of certain documents which Redwood
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City asserts is protected by the attorney client privilege and/or the work product doctrine. Redwood
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City shall lodge the following documents for in camera review by April 3, 2014: RC 459, 564, 56522
568, 672, 673-92. The documents shall be presented in a binder with tabs separating the documents.
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The court may order further briefing following its review.
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Plaintiff also moves to compel the production of certain documents which Redwood City
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asserts is protected by the official information privilege (RC 501-03, 516, 517, 570, 572). Redwood
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City requests that this court conduct an in camera review of these documents to determine whether
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the privilege applies. In camera review is inappropriate at this stage. See Kelly v. City of San Jose,
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114 F.R.D. 653 (N.D. Cal. 1987) (requiring threshold showing via declaration or affidavit from

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official for assertions of official information privilege). If Redwood City continues to assert this

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privilege, it must file a declaration or affidavit as required by Kelly by April 3, 2014.

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ISTRIC
ES D
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Dated: March 29, 2014

OO
IT IS S

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RDERE

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IT IS SO ORDERED.

UNIT
ED

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RT
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United States Magistrate Judge
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For the Northern District of California

United States District Court

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