Kayleigh Slusher et al v. City of Napa et al

Northern District of California, cand-4:2015-cv-02394

ORDER For Exchange of Documents and Information Pursuant to Protective Order. Signed by Chief Magistrate Judge Joseph C.Spero on 7/29/16.

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1 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) 2 T. KENNEDY HELM (State Bar No. 282319) MAYA SORENSEN (State Bar No. 250722) 3 HADDAD & SHERWIN LLP 4 505 Seventeenth Street Oakland, California 94612 5 Telephone: (510) 452-5500 Facsimile: (510) 452-5510 6 Attorneys for Plaintiffs 7 KAYLEIGH SLUSHER, Dec., JASON SLUSHER, 8 ROBIN SLUSHER and BENNY SLUSHER 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 KAYLEIGH SLUSHER, Deceased, THROUGH) HER SUCCESSOR IN INTEREST JASON) Case No. 4:15-cv-02394-SBA (JCS) 13 SLUSHER; JASON SLUSHER, Individually;) ROBIN SLUSHER, Individually; and BENNY) Hon. Saundra Brown Armstrong 14 SLUSHER, Individually,)) Hon. Joseph C. Spero 15 Plaintiffs,) vs.) 16) (PROPOSED) ORDER FOR CITY OF NAPA, a public entity; NAPA POLICE) EXCHANGE OF DOCUMENTS 17 OFFICER GARRETT WADE, Individually;) AND INFORMATION NAPA POLICE OFFICER DEGUILIO,) 18) PURSUANT TO PROTECTIVE Individually; NAPA CHIEF OF POLICE ORDER) 19 RICHARD MELTON, Individually and in his) Official Capacity; COUNTY OF NAPA, a public) 20 entity; NAPA COUNTY CHILD WELFARE) SERVICES SOCIAL WORKER NANCY) 21 LEFLER, Individually; NAPA COUNTY CHILD) WELFARE SERVICES WORKER ROCIO) 22 DIAZ-LARA, Individually; and DOES 1–50,)) 23 Jointly and Severally)) 24 Defendants.) 25 26 27 28 Case No. 4:15-cv-02394-SBA (JCS): (PROPOSED) ORDER FOR DOCUMENT EXCHANGE 1 The Court, having reviewed Plaintiffs' Notice Re: Denial of County Defendants' Motion to 2 Stay, the Court's Order Denying County Defendants' Motion to Stay (Dkt. 99), and the record in 3 this matter, and good cause appearing, this Court hereby Orders as follows: 4 5 1) All parties shall receive a complete copy of all Coroner's, Autopsy, and Toxicology reports; 6 complete Coroner's Office investigative files related to the death of Kayleigh Slusher; all 7 photographs of any kind related to the death of Kayleigh Slusher, including but not limited to all 8 autopsy photographs; all recordings, whether by audio or video, related to the death of Kayleigh 9 Slusher; and all statements, interviews, notes, correspondence, or records of any kind related to the 10 death of Kayleigh Slusher. 11 2) The documents and information to be produced specifically includes all records and 12 information in the possession, custody, or control of A) the City of Napa and its police department, 13 concerning Kayleigh Slusher's death and the claims and defenses made in this case, regardless of 14 the source; B) the City of Napa and its police department, concerning all calls for service to 15 Kayleigh Slusher's apartment (2060 Wilkins Avenue, Apt. 7, Napa, CA) prior to February 3, 2014, 16 regardless of the source; C) Napa County concerning Kayleigh Slusher's death and the claims and 17 defenses made in this case, regardless of the source; and D) Plaintiffs, concerning Kayleigh 18 Slusher's death and the claims and defenses made in this case, regardless of the source. 19 3) No party waives any legal right to assert appropriate privileges, with a privilege log. 20 4) All documents and information produced pursuant to this Order shall be deemed 21 confidential and subject to the Protective Order in this matter. (Dkt. 33). 22 5) Should any party need to file any of the documents and information produced pursuant to 23 this Order in court during the pendency of criminal proceedings against Sara Krueger or Ryan 24 Warner, that party shall file the documents and information under seal. 25 6) Plaintiffs and the Napa County Defendants shall produce the documents and information 26 within ten days of this Court's Order. The City of Napa Defendants shall produce the documents 27 and information no later than August 15, 2016, given their counsel's travel outside the country. 28 Case No. 4:15-cv-02394-SBA (JCS): (PROPOSED) ORDER FOR DOCUMENT EXCHANGE 1 1 2 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 3 4 5 7/29/16 Dated: ________________ HONORABLE JOSEPH C. SPERO S DISTRICT TE C TA 6 O S U ED RT UNIT 7 R NIA 8 ______________________________ Spero NO seph C. Judge Jo FO Chief United States Magistrate Judge RT LI 9 ER H A N C F D IS T IC T O R 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 4:15-cv-02394-SBA (JCS): (PROPOSED) ORDER FOR DOCUMENT EXCHANGE 2