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Rodarte v. Alameda County

United States District Court, N.D. California

June 18, 2014

JUVENTINO RODARTE, Plaintiff,
v.
ALAMEDA COUNTY, et al., Defendants.

ORDER REGARDING JOINT DISCOVERY LETTER BRIEF Re: Dkt. No. 31

KANDIS A. WESTMORE, Magistrate Judge.

The parties in the above-captioned case filed a joint discovery letter brief concerning seven subpoenas that seek a variety of information, including information about the plaintiff's immigration status. For the reasons set forth below, the subpoenas are quashed.

I. BACKGROUND

A. Factual background[1]

Juventino Rodarte ("Plaintiff") filed his complaint against Alameda County, Gregory J. Ahern ("Ahern"), Raymond P. Kelly ("Kelly"), and Derek D. Thoms ("Thoms, " collectively, "Defendants") on January 30, 2014. (Compl., Dkt. No. 1.) He asserts causes of action for violations of his Fourth and Fourteenth Amendment rights, pursuant to 42 U.S.C. § 1983, a claim for municipal and supervisory liability under Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978), and various state law claims, including assault and battery. ( Id. ¶¶ 45-94.)

These claims arise from events that occurred on March 23, 2013. ( Id. ¶ 9.) Daniel Furtado ("Furtado") noticed a motion light turn on outside his secured apartment complex, the same apartment complex where Plaintiff resides. ( Id. ¶ 10.) Furtado did not observe anything outside, but he called the police. ( Id. ¶ 11.) Thoms and his partner, T. Nelson ("Nelson") responded to the call at approximately 2:21 a.m. ( Id. ¶ 12.) They had a K-9 with them. ( Id. ¶ 12.) Kelly and another deputy, C. Kolos ("Kolos") also responded to the call. ( Id. )

The deputies entered the secured apartment complex, cleared the parking garage then cleared the first floor. ( Id. ¶¶ 13, 14.) They proceeded to the second floor of the complex, where they encountered Plaintiff, who was at his apartment door with his keys in hand. ( Id. ¶¶ 15, 16.) Kelly told Thoms that Plaintiff had a metal object in his hands, and they commanded the K-9 to "apprehend" Plaintiff. ( Id. ¶¶ 20, 21.) The K-9 bit Plaintiff on his left calf, and Plaintiff lost consciousness. ( Id. ¶¶ 23, 24.) Nelson handcuffed Plaintiff, and Thoms ordered the K-9 to release her bite once Plaintiff was in handcuffs. ( Id. ¶¶ 25, 26.) While Plaintiff was in custody, Thoms identified the metal object in Plaintiff's hands as a set of house keys. ( Id. ¶ 27.)

Paramedics Plus transported Plaintiff to Eden Medical Center. ( Id. ¶ 21.) When Plaintiff regained consciousness, he was handcuffed to a hospital bed. ( Id. ¶ 32.) Thoms and another deputy, A. Holmes ("Holmes") would not release Plaintiff to allow him to make a phone call until he signed a confession Thoms had prepared. ( Id. ¶ 33.) Thoms placed Plaintiff under arrest and "had Deputy Homes cite [Plaintiff] for PC 148(a)(1)-obstructing a peace officer." ( Id. ¶ 34.)

B. The subpoenas

Defendants in this case have propounded seven identical subpoenas on the employers Plaintiff identified in his initial disclosures. (Joint Ltr., Dkt. No. 31. at 1.) The subpoenas command production of:

All records, including all electronically stored information, relating to employment, including but not limited to:
A. Personnel records including employment application/resume, performance evaluations, records of disciplinary action, disability claims, workers compensation claims, and medical records pertaining to the individual's employment.
B. Payroll records including salary, wages, commissions or other remuneration paid or held by the employer, W-2 forms, time sheets and records of time off the job and reasons therefore, including sick leave and vacation.
All records, including all electronically stored information, relating to insurance, including but not limited to insurance claim information, medical insurance records, medical bills paid, ...

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