Estate of Amilcar Perez Lopez et al v. Suhr et al

Northern District of California, cand-4:2015-cv-01846

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{45}} Stipulation RE PRODUCTION OF MEDICAL EXAMINER PHOTOGRAPHS.

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1 DENNIS J. HERRERA, State Bar #139669 City Attorney 2 CHERYL ADAMS, State Bar #164194 Chief Trial Deputy 3 PETER J. KEITH, State Bar #206482 ELIZABETH PEDERSON, State Bar #288184 4 Deputy City Attorneys 1390 Market Street, 6th Floor 5 San Francisco, California 94102-5408 Telephone: (415) 554-3908 6 Facsimile: (415) 554-3837 E-Mail: peter.keith@sfgov.org 7 Attorneys for Defendants 8 CITY AND COUNTY OF SAN FRANCISCO (including SAN FRANCISCO POLICE DEPARTMENT), 9 GREG SUHR, CRAIG TIFFE, and ERIC REBOLI 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 ESTATE OF AMILCAR PEREZ LOPEZ, by Case No. CV15-01846-HSG 14 and through successors in interest, JUAN PEREZ and MARGARITA LOPEZ PEREZ; STIPULATION AND ORDER RE 15 JUAN PEREZ, individually; MARGARITA PRODUCTION OF MEDICAL EXAMINER LOPEZ PEREZ, individually, PHOTOGRAPHS 16 Plaintiffs, 17 Trial Date: Not set. vs. 18 CHIEF OF POLICE GREG SUHR; CITY 19 AND COUNTY OF SAN FRANCISCO; SAN FRANCISCO POLICE DEPARTMENT; 20 OFFICER CRAIG TIFFE (Badge No. 1312); OFFICER ERIC REBOLI (Badge No. 1651), 21 and DOES 1 to 10, 22 Defendants. 23 24 25 STIPULATION 26 Pursuant to Federal Rule of Civil Procedure 26(c) the parties have met and conferred and 27 stipulate as follows: 28 Stipulation re ME photos 1 g:\hsgall\_ecfready\151846.docx CASE NO. CV-15-01846 HSG 1 1. California Code of Civil Procedure § 129 limits the copying and dissemination of photos that 2 depict any portion of a deceased person's body taken at a crime scene and during an autopsy 3 without prior court authorization, obtained after providing five day's notice to the San 4 Francisco District Attorney's Office. 5 2. The San Francisco City Attorney's office provided written notice to the District Attorney's 6 Office on January 7, 2016 that the parties to this civil case intended to seek a court order 7 authorizing and requiring production by the San Francisco Office of the Chief Medical 8 Examiner of the photos of the deceased in this matter, Amilcar Perez-Lopez. 9 3. Good cause exists for the Court to issue an order authorizing and requiring the production of 10 such photos by the San Francisco Office of the Chief Medical Examiner to the parties in this 11 civil action, in that such photos provide information about the scene and the deceased that is 12 expected to be relevant to the matters alleged in the pleadings. 13 4. The parties therefore jointly request that the Court order that such photos be released by the 14 San Francisco Office of the Chief Medical Examiner to the parties to this civil action, marked 15 as confidential and subject to the provisions of the protective order previously issued by this 16 Court in this matter. 17 IT IS SO STIPULATED. 18 Dated: January 15, 2016 19 DENNIS J. HERRERA City Attorney 20 CHERYL ADAMS Chief Trial Deputy 21 PETER J. KEITH 22 ELIZABETH PEDERSON Deputy City Attorneys 23 24 By: /s Peter J. Keith PETER J. KEITH 25 Attorneys for Defendants 26 CITY AND COUNTY OF SAN FRANCISCO (including SAN FRANCISCO POLICE DEPARTMENT), 27 GREG SUHR, CRAIG TIFFE, and ERIC REBOLI 28 Stipulation re ME photos 2 g:\hsgall\_ecfready\151846.docx CASE NO. CV-15-01846 HSG Dated: January 15, 2016 1 CASILLAS & ASSOCIATES 2 By: /s/ Denisse O. Gastélum 3 ARNOLDO CASILLAS, ESQ. DENISSE O. GASTÉLUM, ESQ. 4 Attorneys for Plaintiffs 5 ESTATE OF AMILCAR PEREZ LOPEZ, by and 6 through successors in interest, Juan Perez and Margarita Lopez Perez; JUAN PEREZ, individually; 7 MARGARITA LOPEZ PEREZ, individually **Pursuant to Civil L.R. 5-1(i)(3), the electronic 8 signatory has obtained approval from this signatory. 9 ORDER 10 GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT BASED ON THE ABOVE 11 ENTERED STIPULATION, the San Francisco Office of the Chief Medical Examiner is authorized 12 and ordered to release the photographs depicting the deceased Amilcar Perez-Lopez, marked as 13 confidential and subject to the provisions of the protective order previously issued by this Court. 14 IT IS SO ORDERED. 15 16 Dated: January 19, 2016 ___________________________________________ THE HONORABLE HAYWOOD S. GILLIAM JR. 17 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 Stipulation re ME photos 3 g:\hsgall\_ecfready\151846.docx CASE NO. CV-15-01846 HSG