Moya v. City of Clovis, et al.

Filing 61

CONFIDENTIALITY ORDER by Magistrate Judge Kevin R. Sweazea. (cbf)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF NEW MEXICO
ROBERT MOYA,
Plaintiff,
v.

Case No. 2:18-CV-00494-GBW-KRS

CITY OF CLOVIS, OFFICER BRENT
AGUILAR, in his individual capacity and as an
Employee of the City of Clovis, SERGEANT
JAMES GURULE, in his individual capacity and as an
Employee of the City of Clovis,
Defendants.
CONFIDENTIALITY ORDER REGARDING DEFENDANT BRENT AGUILAR’S
RESPONSES TO PLAINTIFF’S REQUESTS FOR PRODUCTION NUMBERS 5 AND 6
TO AGUILAR
In accordance with this Court’s September 4, 2019 Order Granting Motion to Compel, this
Court orders the following terms concerning Defendant Brent Aguilar’s Responses to Plaintiff’s
Requests for Production Numbers 5 and 6 to Aguilar, which terms have been agreed to by the
Parties:
Plaintiff shall not disclose any materials produced by Defendant Officer Brent Aguilar in
response to Plaintiff’s Requests for Production Numbers 5 and 6 to Aguilar in this matter1 to anyone
other than the litigants in this case, the litigants’ attorneys, and the agents of the litigants’ attorneys,

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Plaintiff’s Request for Production No. 5 to Defendant Officer Brent Aguilar seeks,
“Any and all documents that comprise all or a part of your personnel file, including disciplinary
records, and any other documents concerning your hiring, training, duties, performance,
assignments, and mental and physical condition.”
Plaintiff’s Request for Production No. 6 to Defendant Aguilar seeks, “Any and all
documents concerning or at all relevant to any formal or informal complaint made against or
about you, from any source concerning any subject matter.”

4822-6239-1973.2

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which include the paralegals, secretaries, file clerks, assistants, and other support staff employed by
the attorneys or the law firms to which the attorneys are affiliated, for any purpose other than
litigating this matter.
In addition, any Court filing in this matter that includes any document produced by
Defendant Brent Aguilar in response to Plaintiff’s Request for Production Number 5 or 6 to Aguilar
shall be filed under seal.
Defendant Officer Brent Aguilar shall supplement his Responses to Plaintiff’s Requests for
Production Numbers 5 and 6 to Aguilar in accordance with this Court’s September 4, 2019 Order
Granting Motion to Compel within ten (10) days of entry of this Order. Any and all documents
included in that supplemental disclosure shall be subject to the terms of this Order.

______________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

4822-6239-1973.2

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Submitted and approved by:
Lewis Brisbois Bisgaard & Smith, LLP
/s/ Ryan Goodhue
Ryan T. Goodhue
Attorneys for Defendants
8801 Horizon Blvd. NE
Albuquerque, NM 87113
Phone: [phone]
Fax: [phone]
[e-mail]

Approved by:
Law Offices of Susan Porter
/s/ Susan Porter via email on 9/11/19
Susan M. Porter
Attorneys for Plaintiff
908 Lomas Blvd. NW
Albuquerque, NM 87102
Phone: [phone]
Fax: [phone]
[e-mail]
And
Law Office of Jennifer J. Wernersbach, P.C.
/s/ Jennifer Wernersbach via email on 9/11/19
Jennifer J. Wernersbach
Attorneys for Plaintiff
925 Luna Circle NW
Albuquerque, NM 87102
Phone: [phone]
Fax: [phone]
[e-mail]

4822-6239-1973.2

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