Winston v. Salt Lake City Police Department et al
Filing
215
MEMORANDUM DECISION and ORDER denying 140 Motion to Strike. Signed by Judge Ted Stewart on 6/29/2015. (blh)
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
KEVIN WINSTON, et al.,
MEMORANDUM DECISION AND
ORDER DENYING PLAINTIFFS’
MOTION TO STRIKE
Plaintiffs,
v.
SALT LAKE CITY POLICE
DEPARTMENT, et al.,
Case No. 2:12-CV-1134 TS
Defendants.
This matter is before the Court on Plaintiffs’ Motion to Strike certain portions of Sergeant
Robert Eldard’s (“Sgt. Eldard”) declaration and an accompanying exhibit. For the reasons
discussed more fully below, the Court will deny Plaintiffs’ Motion.
Sgt. Eldard is an employee of Salt Lake City Police Department (“SLCPD”) and has been
the sergeant over the SLCPD gang unit since 2009. Defendants have offered his declaration in
its Memorandum in Opposition to Plaintiffs’ Motion for Class Certification. 1 Sgt. Eldard’s
declaration is offered to describe the SLCPD database that contains the street-check data, which
was analyzed by Plaintiffs’ expert Dr. Nathan Perry Ph.D. Defendants rely on Sgt. Eldard’s
declaration to demonstrate that, within Dr. Perry’s dataset, there were only 20 individuals under
the age of 19 at the time they were identified as gang members when they were entered into the
database. The comparison supporting this conclusion is attached as Exhibit B to Sgt. Eldard’s
declaration. 2
1
Docket No. 118-2.
2
Docket No. 118-2 Ex. B.
1
Plaintiffs move to strike the portions of Sgt. Eldard’s declaration that are related to
Exhibit B of his declaration as well as Exhibit B. Plaintiffs’ main contention is that Sgt. Eldard
said he made a comparison between SLCPD records and the dataset provided by Dr. Perry to
produce Exhibit B when, in fact, Sgt. Eldard did not make that comparison. 3
Defendants concede that Sgt. Eldard relied on Dean Larson, an IT professional within the
police department, and staff within the City Attorney’s Office to produce Exhibit B. 4 Mr. Larson
pulled the names and birthdates of those within the SLCPD database, who were under the age of
19 when they were added to the database, and staff within the City Attorney’s Office compared
those names to the individuals included in Dr. Perry’s data. 5
Plaintiffs state, “If Sgt. Eldard or Defendants had described counsel’s and Mr. Larson’s
efforts in Sgt. Eldard’s declarations or their opposition brief to class certification, Plaintiffs
would not have brought this Motion.” 6 Attached to Defendants’ Opposition to this Motion is
Mr. Larson’s declaration describing the origins of Exhibit B. 7 The Court, being aware of Exhibit
B’s factual foundation, will consider it along with Mr. Larson’s declaration in its determination
of Plaintiffs’ Motion for Class Certification. Therefore, the Court will not strike any portion of
Sgt. Eldard’s declaration or Exhibit B. Defendants are directed to make Mr. Larson available for
deposition within a reasonable time if such a deposition is requested by Plaintiffs.
3
Docket No 158, at 2.
4
Docket No. 153, at 4–5.
5
Id.
6
Docket No. 158, at 2 n.1.
7
Docket No. 153-1.
2
Plaintiffs’ motion also seeks the Court to order Defendants to produce disclosures under
Rule 26(a)(1)(B). Magistrate Judge Wells already ruled on this part of the Motion and this
portion of the Motion is moot. 8
It is therefore
ORDERED that Plaintiffs’ Motion to Strike (Docket No. 140) is DENIED.
Dated this 29th Day of June 2015.
BY THE COURT:
________________________________________
TED STEWART
United States District Judge
8
Docket No. 167, at 2.
3
United States District Court
for the
District of Utah
June 29, 201S
******MAILING CERTIFICATE OF THE CLERK******
RE:
Winston v. Salt Lake City Police Department et al
2:12-cv-01134-TS-BCW
Meb W. Anderson
UTAH ATTORNEY GENERAL'S OFFICE (160-6-1408S6)
160 E 300 S 6TH FL
PO BOX 1408S6
SALT LAKE CITY, UT 84114-08S6
Courtney Bowie
1S063 62ND AVE N
OSSEO, MN SS311
Catherine L. Brabson
SALT LAKE CITY ATTORNEYS OFFICE
PO BOX 14S478
4Sl S STATE ST STE SOS
SALT LAKE CITY, UT 84114-S478
Paul
CITY
8000
WEST
D. Dodd
OF WEST JORDAN ATTORNEY'S OFFICE
S REDWOOD RD STE 100
JORDAN, UT 84088
J. Elizabeth Haws
SALT LAKE CITY CORPORATION
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PO BOX 14S478
SALT LAKE CITY, UT 84114-S478
Laura Huizar
AMERICAN CIVIL LIBERTIES UNION
12S BROAD ST 17TH FL
NEW YORK, NY 10004
John M. Mejia
ACLU OF UTAH
3SS N 300 W STE 1
SALT LAKE CITY, UT
84103
Heather S. White
SNOW CHRISTENSEN & MARTINEAU
10 EXCHANGE PLACE llTH FLOOR
PO BOX 4SOOO
SALT LAKE CITY, UT 8414S-SOOO
Becky L. Harris, Deputy Clerk
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