Krenn v. County of Santa Clara et al

Filing 85

ORDER re 59 Plaintiff's Motion to Compel Production of Documents. Signed by Judge Patricia V. Trumbull on 1/29/09. (pvtlc1) (Filed on 1/29/2009)

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Geri Lynn Green (C.S.B. No. 127709) LAW OFFICES OF GERI LYNN GREEN, LC 700 Montgomery Street San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs ESTHER KRENN and LUIS ANDREW MARTINEZ Through his Personal Representative Esther Krenn DAVID SHEUERMAN SB#78132 DEBORAH L. PHILLIPS SB#164689 SHEUERMAN, MARTINI & TABARI A Professional Corporation 1033 Willow Street San Jose, CA 95125 Telephone: [phone] Facsimile: [phone] -and-

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ANN MILLER RAVEL, County Counsel (SB#62139) GREGORY J. SEBASTINELLI, Deputy County Counsel (SB#104884) DAVID M. ROLLO, Deputy County Counsel (SB#111998) OFFICE OF THE COUNTY COUNSEL 70 West Hedding, East Wing, 9th Floor San Jose, California 95110-1770 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants, COUNTY OF SANTA CLARA AND ITS OFFICE OF THE SHERIFF, DEPARTMENT OF CORRECTION, AND SANTA CLARA VALLEY HEALTH AND HOSPITAL SYSTEM; LAURIE SMITH; EDWARD FLORES; TOBY WONG; KIM ROBERTS; ROBERT SILLEN; MARYANN BARRY; DENISE BECKER; CHRISTINE FERRY; BEVERLY PURDY; AMARJIT GREWAL; NANCY MAGER; and HERBIE DE LA CRUZ IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA NORTHERN DISTRICT OF THE STATE OF CALIFORNIA SAN JOSE DIVISION ESTHER KRENN and ESTATE OF ANDREW MARTINEZ By and Through his Administratrix, ESTHER KRENN, Plaintiffs, v. ) ) ) ) ) ) ) ) No. CV 07-02295 JW PVT (PROPOSED) ORDER RE PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS

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The plaintiffs, through their respective counsel of record, set forth that the following matters were agreed to by the parties and/or ordered by the Court at the hearing held on December 2, 2008: 1. Defendants are ordered and agreed to produce all redacted documents in an unredacted form unless the redacted portion falls into some specific privilege such as the attorney-client, attorney work product, or doctor-patient privilege. 2. If the redacted item Defendants believe falls under such a privilege, Defendants will set

forth the item so classified and the nature of the privilege in a privilege log, at which point the parties will meet and confer as to items sought to be withheld. 3. The Court specifically ordered that Defendants produce unredacted documents relating to any and all classification files concerning Mr. Martinez, including all information and methodologies used in arriving at any classification level from those classification files. Any items that defendants are concerned about, defendants may choose to produce under the stipulated protective order designation of "Highly Confidential". 4. The Court further ordered and defendants agreed that logs of housing units where Mr. Martinez was housed between January 1, 2006 and May 17, 2006 which contain likely percipient witnesses to Mr. Martinez's interactions on that unit as well as any logs of personnel likely to be percipient witnesses to Mr. Martinez's care on those units as well as logs of DOC or inmates who were present or likely to be present at the time of Mr. Martinez's assaults on correctional officers at the Main Jail in 2002 and 2004 will be produced. 5. The Court ordered production of a Bates Stamped hard copy of the ACHS Standards Manual which was in effect May 17, 2006, the date of Andrew Martinez's death. 6. This entire production is to be served on plaintiffs by December 29, 2008. Dated: December 28, 2008. LAW OFFICES OF GERI LYNN GREEN, LC By/s/ Geri Lynn Green (State Bar No. 127709) Attorneys for Plaintiffs Jan. Dated: December 5, 2009. SHEUERMAN, MARTIN I& TABARI By/s/ DAVID SHEUERMAN Attorneys for County Defendants
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C-07-02295 JW

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IT IS SO ORDERED.

1/29/ __ Dated: ________09 ______________

__________________________________ Honorable Patricia V. Trumbull United States District Court Judge
Magistrate Judge

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