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Hewitt v. County of Sacramento

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 2, 2009

MARILEE ANN HEWITT, PLAINTIFF,
v.
COUNTY OF SACRAMENTO, ET AL., DEFENDANTS.

ORDER

This matter came before the court on January 30, 2009, at 10:00 a.m. for hearing of (1) plaintiff's motion to compel production of personnel files for six non-party Sacramento Sheriff's Department employees and (2) County defendants' motion for a protective order forbidding such production or permitting defendants to submit documents to the court for in camera review. Attorneys Geri L. Green and Douglas C. Melcher appeared telephonically for plaintiff. Jennifer Marquez, Esq. appeared for defendants County of Sacramento, Sacramento County Sheriff's Department, Sacramento County Jail Correctional Health Services, Sheriff John McGinness, Sandra Hand, John O'Shaughnessy, Tamara Robinson, and Jacqueline Curry. Heath T. Langle, Esq. appeared for defendant Douglas.

Upon consideration of the parties' joint statement re discovery disagreement, the arguments of counsel in open court, and the entire file, the court granted both motions in part.

For the reasons set forth on the record on January 30, 2009, IT IS HEREBY ORDERED that:

1. Plaintiff's motion (Doc. No. 54) to compel production of personnel files is denied as to licensed vocational nurse Thelma O'kere and granted, as limited in open court, as to deputies Minami, Culp, Xiong, Drack, and Smith; County defendants shall produce the specified portions of the personnel files within ten business days after January 30, 2009; and

2. County defendants' motion (Doc. No. 52) for protective order is granted in part; the parties shall confer and stipulate to a protective order and shall submit the proposed stipulated protective order to the court at the earliest possible time.

20090202

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