Opinion
SETH L. GOLDSTEIN, S.B.N. 176882 LAW OFFICES OF SETH L. GOLDSTEIN, Monterey, California, ANDREA M. MILLER, S.B.N. 88992 NAGELEY, MEREDITH & MILLER, Sacramento, CA, Attorneys for Pamela Fox and C.M.R.
Michael Maurer, Deputy City Attorney, City of Porterville, Ca. Michael G. Woods, Attorney for County of Tulare, Julia Langley, Carol Helding, John Rozum Leslie M. Dillahunty, Attorney for Leticia Castaneda, Ronald Castaneda, Erica Soto.
STIPULATION AND ORDER REGARDING IN CAMERA REVIEW OF PERSONNEL FILE OF CLYDE TILLERY
SANDRA M. SNYDER, Magistrate Judge.
It is hereby stipulated between the parties that:
1. Plaintiffs have subpoenaed personnel records from the City of Porterville pertaining to an individual identified by Defendant County in its Rule 26 disclosure, Mr. Clyde Tillery.
2. The City of Porterville has asserted the official information privilege, which is a qualified privilege. On agreement with the City of Porterville, the disciplinary records of Clyde Tillery resulting in his termination by the City of Porterville, may be submitted by the City of Porterville, Personnel Department, to the Court for in camera review in response to Plaintiff's Subpoena for said records.
3. For the purpose of release of those records, Plaintiffs, respectfully, request that the Court review said records to determine if the records are relevant on the issue of credibility and if the parties' interest in discovery of the records outweighs the interest in maintaining confidentiality.
4. If the Court orders the release of any records pursuant to this stipulation, the parties agree that use of the information is limited to use in the above entitled action, to the parties in this action, their attorneys of record, and to any experts or investigators employed by said attorneys. The records shall be divulged to no other persons or entities, including the media, except as necessary in the presentation of evidence in the trial of the above entitled action.
GOOD CAUSE APPEARING,
IT IS SO ORDERED.