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Enwere v. Terman Associates

July 24, 2008

CATHY ENWERE, PLAINTIFF,
v.
TERMAN ASSOCIATES, L.P., DBA TERMAN APARTMENTS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Patricia V. Trumbull United States Magistrate Judge

ORDER RE PLAINTIFF'S MOTION TO COMPEL DFEH TO PRODUCE DOCUMENTS

On July 15, 2008, Plaintiff and non-party Department of Fair Employment and Housing ("DFEH") appeared before Magistrate Judge Patricia V. Trumbull for hearing of Plaintiff's motion 20 to compel DFEH to produce documents responsive to a subpoena.*fn1 Based on the moving, opposition and reply*fn2 papers filed and arguments submitted,

IT IS HEREBY ORDERED that Plaintiff's motion to compel DFEH to produce documents*fn3 is GRANTED IN PART and DENIED IN PART for the reasons stated herein.

I. BACKGROUND

This is an action for discrimination in housing. Plaintiff filed a complaint with the U.S. Department of Housing and Urban Development ("HUD") on November 9, 2005. HUD waived jurisdiction to DFEH and informed Plaintiff that her complaint would be processed by DFEH.*fn4 DFEH processed the complaint until March 21, 2006, when jurisdiction was waived to HUD and Plaintiff's complaint was "reactivated" for processing by HUD.*fn5 When Plaintiff's complaint was reactivated by HUD, it appears that DFEH returned Plaintiff's case file to HUD.*fn6 On January 9, 2007, HUD issued a Determination of No Reasonable Cause (Title VIII), and on January 16, 2007 it dismissed Plaintiff's complaint. (See Plaintiff's Reply Papers, Exh. 5.) On January 30, 2007 HUD received a Freedom of Information Act ("FOIA") request from Plaintiff.*fn7

HUD sent Plaintiff a response to her FOIA request in which it agreed to provide her with a partial copy of the case file. (See Plaintiff's Reply Papers, Exh. 9.) In the response, HUD noted it was withholding the following documents in their entirety:

1. Memorandum from Anné Quesada to R. Faye Austin dated 12/18/06.

2. 100 Day Letter Worksheet dated 7/31/06.

3. Memorandum from Anné Quesada to Linda Creel, dated 7/5/06.

4. Investigative Plan, undated.

5. Waiting List, Rent Rolls and tenant applications for Terman Apts.

6. Title VIII Case Completion Checklist.

7. DFEH Case Diary.

8. DFEH Memorandum from Anita Joseph to Susan Sheftel, ...


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