Leeder v. Secretary of Defense, Robert M. Gates, Department of Defense
Filing
108
ORDER by Magistrate Judge Howard R. Lloyd re 87 Discovery Dispute Joint Report #2. (hrllc2, COURT STAFF) (Filed on 8/27/2012)
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*E-FILED: August 27, 2012*
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NOT FOR CITATION
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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For the Northern District of California
United States District Court
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No. C10-01822 HRL
SUE A. LEEDER,
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ORDER RE DISCOVERY DISPUTE
JOINT REPORT #2
Plaintiff,
v.
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SECRETARY OF DEFENSE, LEON E.
PANETTA, DEPARTMENT OF DEFENSE,
[Re: Docket No. 87]
Defendant.
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The court has reviewed the parties’ Discovery Dispute Joint Report (DDJR) #2
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concerning plaintiff’s access to certain documents defendant designated “Highly Confidential
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Attorney’s Eyes Only” (AEO). Having weighed legitimate competing interests and possible
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prejudice, this court rules as follows:
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The court will permit the AEO designation to stand.
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Plaintiff has not convincingly demonstrated that she will be unable to prepare her case
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or to evaluate settlement without her personal access to these documents.
Plaintiff having offered to forego access to records of prior discrimination/retaliation
complaints, her request for permission to personally access those records is denied.
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As for the performance reviews of Team G auditors and plaintiff’s former supervisors,
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plaintiff will be permitted to access versions of these records with identifying information and
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narrative comments redacted.1 Inasmuch as these are not full personnel files with information
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about, for example, marital, financial and medical information, the court finds that plaintiff’s
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access to redacted versions of these records will not seriously compromise any privacy interests.
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SO ORDERED.
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Dated: August 27, 2012
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HOWARD R. LLOYD
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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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Although it appears that only the Team G auditors consented to the release of
their redacted records, the court sees no reason why plaintiff should not be permitted to
access redacted versions of her former supervisors’ records.
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5:10-cv-01822-HRL Notice has been electronically mailed to:
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Claire T. Cormier
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Mark Walter Hostetter
claire.cormier@usdoj.gov
mwhlegal@gmail.com
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For the Northern District of California
United States District Court
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