Umar v. Storlie

Filing 31

STIPULATION AND ORDER 28 Unsealing Criminal Records Pursuant to Penal Code Section 851.8k filed by Craig Storlie. Signed by Judge Howard R. Lloyd on 10/8/13. (hrllc1, COURT STAFF) (Filed on 10/9/2013)

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RICHARD DOYLE, City Attorney (88625)
NORA FRIMANN, Assistant City Attorney (93249)
SHANNON SMYTH-MENDOZA, Senior Deputy City Attorney (188509)
Office of the City Attorney
200 East Santa Clara Street, 16th Floor
San José, California 95113-1905
Telephone Number: [phone]
Facsimile Number: [phone]
E-Mail Address: [e-mail]
Attorneys for CRAIG STORLIE; individually and as an
Officer of the SAN JOSE POLICE DEPARTMENT

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Plaintiff,

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v.

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Case Number: CV12-6071 HRL

AMMIR UMAR,

CRAIG STORLIE, INDIVIDUALLY AND
AS AN OFFICER OF THE SAN JOSE
POLICE DEPARTMENT, and DOES 1-20,
inclusive,

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STIPULATION; AND [PROPOSED]
ORDER UNSEALING CRIMINAL
RECORDS PURSUANT TO PENAL
CODE SECTION 851.8(k)
Trial Date: None Set

Defendants.

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Plaintiff Ammir Umar (“Plaintiff”) and Defendant Craig Storlie (“Defendant”) in the

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above-entitled matter hereby stipulate and jointly request that the Court grant an Order to

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unseal Ammir Umar’s criminal records pursuant to Penal Code Section 851.8(k). In support of

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this stipulation, the parties hereby submit the following as good cause for granting this

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request:

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1.

Whereas, the sealed criminal record in People v. Umar [California Superior

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Court, County of Santa Clara, docket no: C1087562] that is the subject of this litigation is not

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part of the record lodged with this court and is currently unavailable to Defendant;

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1
STIPULATION; AND [PROPOSED] ORDER UNSEALING CRIMINAL
RECORDS PURSUANT TO PENAL CODE SECTION 851.8(k)

Case Number: CV12-6071 HRL
1021431.doc

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2.

Whereas, the current civil action before this court involves multiple claims for

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relief brought forth by Plaintiff, due to the alleged mishandling of a criminal investigation and

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subsequent criminal prosecution. The criminal investigation and criminal prosecution which

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ultimately resulted in Plaintiff being found factually innocent by the state criminal trial court can

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be found within the sealed criminal file of People v. Umar;

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3.

Whereas, the sealed criminal record of People v. Umar contains materials that

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are relevant to the resolution of all legal claims asserted by Plaintiff against Defendant in the

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present action before this court. The materials within the sealed criminal record will provide

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the court with original observations, reports, witness statements, and other evidence. Both

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parties would use the aforementioned materials to conduct a thorough investigation of the

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allegations in the civil complaint. In turn, this court would benefit from a more complete factual

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record that would promote a more accurate determination of the truth of the claims asserted in

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this case. Thus, there exists an overwhelming public interest in allowing the parties to the suit

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presently before this court to have access to the sealed criminal file;

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4.

Whereas, without an order of this court to unseal the criminal record of People v.

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Umar, the parties in the pending civil case would be improperly restricted from the use of

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evidence that should be made available under statute upon a showing of good cause. If

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denied access to the materials in the sealed criminal file, a substantial probability exists that

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the public interest would be prejudiced through an incomplete factual inquiry into the

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circumstances that gave rise to the action before this court. The overriding public interest in

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this court’s ability to conduct a full inquiry into the allegations of the pending civil case coupled

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with the presumption in favor of public access to the record supports the unsealing of the

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requested criminal record;

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5.

Whereas, a complete copy of the sealed criminal record is necessary for use by

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both parties in the case currently before the court as all of the materials within the sealed file

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are able to be used as evidence in this civil action. No less restrictive means of unsealing exist

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as other possible options in the case at hand. CA Pen. Code, section 851.8(k); and

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STIPULATION; AND [PROPOSED] ORDER UNSEALING CRIMINAL
RECORDS PURSUANT TO PENAL CODE SECTION 851.8(k)

Case Number: CV12-6071 HRL
1021431.doc

6.

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Whereas, if the sealed criminal file of People v. Umar is unsealed on order of this

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court, the file should be unsealed for purposes of this civil action only. The file shall remain

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confidential and shall be available for inspection only by the court, jury, parties, counsel for the

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parties, and any other person authorized by this court.

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CA Pen. Code, section 851.8(k).

IT IS SO STIPULATED:
DATED:

September 27, 2013

RICHARD DOYLE, City Attorney

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By: __/s/
_____
SHANNON SMYTH-MENDOZA
Senior Deputy City Attorney

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Attorneys for Defendant CRAIG STORLIE;
individually and as an Officer of the
SAN JOSE POLICE DEPARTMENT

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DATED:

September 27, 2013

LAW OFFICES OF MORALES & LEAÑOS

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By: _ /s/
___________
JAIME A. LEAÑOS

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Attorneys for Plaintiff
AMMIR UMAR

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ORDER

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Based upon the Stipulation of the parties, and good cause appearing therefor, the

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Court hereby Orders that the criminal records in People v. Umar be unsealed for the purpose

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of providing a copy to Defendant Craig Storlie in the above-entitled action.

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Dated:

October 8, 2013
HONORABLE HOWARD R. LLOYD
UNITED STATES DISTRICT COURT

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STIPULATION; AND [PROPOSED] ORDER UNSEALING CRIMINAL
RECORDS PURSUANT TO PENAL CODE SECTION 851.8(k)

Case Number: CV12-6071 HRL
1021431.doc