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)
1
2
*E-FILED: August 27, 2012*
3
4
5
6
NOT FOR CITATION
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
SAN JOSE DIVISION
11
For the Northern District of California
United States District Court
7
No. C10-01822 HRL
SUE A. LEEDER,
12
ORDER RE DISCOVERY DISPUTE
JOINT REPORT #2
Plaintiff,
v.
13
14
15
SECRETARY OF DEFENSE, LEON E.
PANETTA, DEPARTMENT OF DEFENSE,
[Re: Docket No. 87]
Defendant.
/
16
17
The court has reviewed the parties’ Discovery Dispute Joint Report (DDJR) #2
18
concerning plaintiff’s access to certain documents defendant designated “Highly Confidential
19
Attorney’s Eyes Only” (AEO). Having weighed legitimate competing interests and possible
20
prejudice, this court rules as follows:
21
The court will permit the AEO designation to stand.
22
Plaintiff has not convincingly demonstrated that she will be unable to prepare her case
23
24
25
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.
26
As for the performance reviews of Team G auditors and plaintiff’s former supervisors,
27
plaintiff will be permitted to access versions of these records with identifying information and
28
1
narrative comments redacted.1 Inasmuch as these are not full personnel files with information
2
about, for example, marital, financial and medical information, the court finds that plaintiff’s
3
access to redacted versions of these records will not seriously compromise any privacy interests.
4
SO ORDERED.
5
Dated: August 27, 2012
6
HOWARD R. LLOYD
7
UNITED STATES MAGISTRATE JUDGE
8
9
11
For the Northern District of California
United States District Court
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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.
1
28
2
1
5:10-cv-01822-HRL Notice has been electronically mailed to:
2
Claire T. Cormier
3
Mark Walter Hostetter
claire.cormier@usdoj.gov
mwhlegal@gmail.com
4
5
6
7
8
9
11
For the Northern District of California
United States District Court
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?