Opinion
Civil Action No. 05 CV 70331 DT.
January 5, 2006
ORDER GRANTING IN PART PLAINTIFF'S MOTION TO COMPEL DIRECTED TO CITY OF WARREN DEFENDANTS
This matter is before the court on Plaintiff's Motion to Compel Directed to City of Warren Defendants (D/E 77) filed November 16, 2005. A hearing on the motion was held before the magistrate judge on January 4, 2006. The parties agree to the entry of a mutually agreed upon protective order and to production of the Warren policies and procedures including any former policies in effect at the time of the incident (from 1990 through 2004). For the reasons stated on the record,
IT IS ORDERED that the motion with respect to personnel files and police misconduct records IS GRANTED in part. Defendant will produce those portions of all the personnel files which reflect training records, citizen complaints, and discipline records from Officers Ingles, Christian and non-defendant officer Loeffler (Badge #402). These documents shall be produced if they exist, if under the possession or control of City of Warren, even if not in the "personnel file" as such.
Remainder of the request is denied without prejudice. After deposition and review of policies and other documents, plaintiff may renew the request for information meeting the standard of Fed.R.Civ.P. Rule 26.