Opinion
No. 2:11-cv-0640 TLN CKD
12-08-2015
JONATHAN ALEXANDER, et al., Plaintiffs, v. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants.
ORDER
Pursuant to the order filed November 19, 2015, defendants submitted documents for in camera review. Upon review of the documents and the declarations submitted in support of the claim of official information privilege, upon review of the documents in support and opposition of the motion to compel, upon hearing the arguments of counsel, and good cause appearing therefor, THE COURT FINDS AS FOLLOWS:
For documents identified on the supplemental privilege log as CDCR 5979-CDCR 5988 (recorded interviews), defendants submitted a compact disc containing recordings of the subject interviews.
Defendants claim all of the documents submitted for in camera review are protected under the official information privilege. This privilege is a qualified privilege and requires in the first instance that a proper foundation be laid by affidavit or declaration under penalty of perjury. See Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033 (9th Cir. 1990); see also Miller v. Pancucci, 141 F.R.F. 292, 299-300 (C.D. Cal. 1992). Defendants fail to meet this threshold burden. However, assuming arguendo that defendants' affidavits are sufficient to lay the foundation for invoking the official information privilege, upon balancing the respective interests of the parties, and considering the range of factors applicable in this case, the court finds disclosure of the documents submitted for in camera review is appropriate in this matter, subject to a protective order. See generally Kelly v. City of San Jose, 114 F.R.D. 653, 663-68 (N.D. Cal. 1987).
For some of the documents, defendants have also asserted a variety of other privileges. In weighing whether production should be ordered, the court has considered all of the privileges asserted by defendants. --------
Accordingly, IT IS HEREBY ORDERED that:
1. Within fourteen days of the date of this order, defendants shall produce the documents submitted for in camera review (CDCR 5618-5996), including the compact disc containing recordings of the subject interviews (CDCR 5979-CDCR 5988). For documents CDCR 5657-5706, defendants may redact names of informants and those inmates listed as enemies or targets.
2. Discovery produced pursuant to this order shall be produced in electronic format and shall be subject to the protective order entered concurrently with this order. Dated: December 8, 2015
/s/_________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE 4 alexander0640.icr